
Gass ^-\ ^\> • i' 

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58th Congress, ) CONFIDENTIAL. ( Executive 

'2d Session. j 1 No. 1. 



CONFIRMATION OF LEONARD WOOD. 



January 4, 1904.— Ordered to be printed in confidence for the use of the Senate. 



Mr, FoRAKEE, a member of the Committee on Military Affairs, sub- 
mitted the following 

REPORT 

OF HIS REASONS FOR FAVORING THE CONFIRMATION OF THE 
NOMINATION OF BRIG. GEN. LEONARD WOOD TO BE A MAJOR- 
GENERAL, UNITED STATES ARMY. 



The Committee on Military Affairs, having reported favorably the 
nomination of Brig. Gen. Leonard Wood to be a major-general of the 
United States Army, the undersigned, a member of that committee, 
respectfully submits the following in support thereof: 

Mr. Estes G. Rathbone made certain objections to the confirmation 
of General Wood in the form of charges, of which the following 
is a cop}': 

I charge General Wood — 

1. With issuing orders and instructions to the courts in the postal 
cases, in violation of article 3ST of the Penal Code of Cuba, and in a 
manner prejudicial to the rights and interests of those under trial. 

2. With authorizing the use of ex parte depositions in the postal 
cases, a proceeding which is contrary to the law and the principles of 
law. and in this case contrary to instructions given by the Secretary 
of War. 

3. With accepting gifts from an organization commonly known as 
Jai Alai. to which he had granted a ten years' exclusive concession, 
the same being a violation of the so-called Foraker law, which pro- 
hibited the granting of franchises or concessions during the occupation 
of the island by the American authorities. The acceptance of these 
gifts constitutes a violation of article 397 of the Penal Code of^ Cuba. 

4. I also charge him with complicity with a'noth'er Ami'} of^ce^^in 



\ i^ ^ r-iOjJ 



2 CONFIRMATION OF LEONARD WOOD. ^^S^ 

the preparation and pul)lioation of an article reflecting- dij^creditabh^ 
upon their ranking- oflicer, in violation of an accepted canon of 
military .service, and constituting an ofl'ense commonly knoAvn as 
''conduct unbecoming an oflicer and a gentleman." 

5. 1 charge him with directing and causing the auditor of Cu))a. 
by a military order, to violate the law in the treatment of accounts. 

6. I charge him with utilizing the services of an ex-convict with 
whom he was in intimate personal association in an effort to 
displace his superior officer, and by such means to secure to himself 
the vacancy thus created. 

Incidental to these are many minor charges. 

p]vidence and testimon}- in support of these and other allegations is 
included among the documents submitted to the committee. 

Mr. Rathbone testified at length, and submitted numerous exhibits 
in support of his charges. 

In addition to the testimony of Mr. Rathbone, at his request, the 
committee subpoenaed and examined a number of witnesses, and also, 
at his request, called for official information from the War Depart- 
ment and other sources. 

In the examination of Mr. Rathbone and the other witnesses 
produced by him, or subpoenaed at his request, the utmost latitude 
was given by the committee. 

Every witness was allowed to testify as to any fact of which he 
might have knowledge and desired to speak, without regard to 
whether, in the estimation of the committee, the same was relevant, 
competent, or important as testimony with respect to the charges 
under consideration. 

The only restriction of the committee was, that purely hearsay 
testimony should not be received; and this restriction was not in 
all cases adhered to; on the contrary, a number of witnesses were 
allowed to state what had been told them in regard to facts con- 
cerning which they disavowed having an}' personal knowledge. 

This statement is made because of the fact that it was widely 
published in the newspapers during the progress of the investigation 
that the committee were applying the strict rules of the courts 
with respect to the admission of testimony and that, on that account, 
it was made difficult to establish the charges preferred. 

It will be observed that the rule adopted by the committee was 
one allowing as wide latitude as could be, under all the circum- 
stances, reasonably asked or expected. 

In General Wood's behalf a statement was submitted, with 
exhibits, which had been made by him to the Committee on Rela- 
tions with Cuba, in answer to a statement made l)efore that com- 
mittee by Mr. Rathbone. 

The Secretary of War appeared before the committee and testi- 
fied upon all the charges and points made that involved in any 



WIAR 6 1907 
D. ofD. 



CONFIRMATION OF LEONARD WOOD. 6 

way the War Department or to which the War Department had 
any official rehition. 

All this testimon}^ is printed in the record in the order in which 
it was received. 

An examination of it will disclose that some of the exhibits and 
statements are duplicated. This occurred because of the order in 
which the testimon}^ and exhibits were received and the connection in 
which the various papers referred to are mentioned by the several 
witnesses. 

It will be further observed that a great deal of the testimony is 
irrelevant and without any importance whatever so far as the charges 
preferred by Mr. Rathbone are concerned or on any other account 
having reference to this investigation. 

For this reason, instead of analyzing the testimony of each witness, 
it is thought that it will simplify the result of the investigation to 
take up the charges in the order in which they were preferred and 
indicate what relevant testimony was submitted for and against them, 
respectivel}'. 

Proceeding in this order, the first charge is as follows: 

1. I charge General Wood with issuing orders and instructions to 
the courts in the postal cases in violation of article 887 of the Penal 
Code of Cuba and in a manner prejudicial to the rights and interests 
of those under trial. 

Article 387 of the penal code of Cuba referred to reads as follows: 

Art. 387. The administrative or militar}" official who shall give 
orders or intimations to a judicial authoritv relating to causes or ques- 
tions in controversy whose cognizance or decision is of the exclusive 
competency of courts of justice shall incur the penalties of suspension 
in its minimum and maximum degrees, and a fine of from 625 to 6,250 
pesetas. 

The orders referred to in charge No. 1 as having been issued in 
violation of this article are found in the record at pages 46-49. 
They are as follows: 

Mr. Alfredo Poey, who alleges to be an attorney for tlie military 
governor of Cuba, appears before the court, requesting that the whole 
court should go to the military governor's office in order to be informed 
of certain facts which the court should be cognizant of. Thereupon 
the judge ruled, etc. (The judge complied with the order, and the 
record so shows.) 

2. In the same proceeding appears another record, according to 
which, on the 17th day of Ma}'^, 1900, a certain Mr. Albert Wright, 
alleging to be an attorney, appears before the judge and says: 

That by direction of the military government, and according to a 
letter which he will produce later, he informs the judge that it is the 
desire of the military governor that Mr. E. P. Thompson, Eduardo 



4 CONFIRMATION OF LEONARD WOOD. 

Moya, and florge Mascaro should be released from custoily, under a 
bond of $1,000 for the iirst-nanied defendant, and $2,000 for each of 
the two others, and that the consul of Denmark, who is present with 
them, will sign the bond, as he is good security therefor. 

3. Volume 1, page 78, appears the following: 

Headquarters, Division of Cuba, 

Habana, Mmj 17, 1900. 
Sr. Ramon Baranaga, 

Judge of First Instance, District of Cathedral, City. 
Sir: In the case of the three employees of the post-office arrested 
yesterday you are authorized to tix the bail as follows: 

In the case of E. P. Thompson |1, (>00 

In the case of E. F. Moya 1,500 

In the case of Jorge F. Mascaro 1, 500 

Very respectfully, 

Leonard Wood, 
Military Governor. 

\. Volume 1, page 145: 

Headquarters Division of Cuba, 

ILdxina, May '£S, 1900. 
Sr. Ramon Baranaga, 

Judge of First Instance and Instruction, 

District of Catliedral, Ilahavia. 
Sir: Confirming the verbal instructions given you a few days since 
)>y the military governor in the post-office cases, he requests that 3"Ou 
w^ill not proceed against any persons connected with the matter pend- 
ing the investigation now being had until you receive the instructions 
from him or from Mr. Conant, who is acting as special attornej^ for 
the Government in the matter. 
Respectfully, yours, 

W. V. Richards, 
Adjutant- General . 

5. Volume 1, page 14T: 

Headquarters Division of Cuba, 

Ilahana, May 29, 1900. 
To the Chief of Police of Habana. 

Sir: The military governor directs suspension of the arrest of Mr. 
Reeves, assistant auditor post-office, luitii further orders, for reasons 
of public benefit. 

W. V. Richards, 
Adjutant- Genei'dl. 

(5 Note.) Official copy respectfully forwarded by direction of the 
military governor to the judge of the first instance and instruction, 
Catliedral district, Habana, for his information and guidance. 

W. V. Rk HARDS, 

Adjutant- General. 
Habana, May 31, 1901. 



CONFIRMATION OF LEONARD WOOD. 5 

6. In volume 1, page 149, is the following order: 

Headquarters Division of Cuba, 

Ilahana, May 29, 1900. 

lo the Judge of First Instance, 

Cathedral District, Ilahana. 
Sir: The military governor desires me to inform you that Mr. 
Corydon M. Rich has been accepted as a witness for the State, and it 
is not the intention of the Government to enter prosecution against 
him unless he should be shown to have directly protited b}^ the mis- 
doings of Neely. 

Very respectfully, W. V. Richards, 



7. Volume 1, page 152: 



Adjutant- General. 



Headquarters Division of Cuba, 

IIaha)ta, June 1, 1900. 



To the Judge of Cathedral, Hahana, Cuha. 

Sir: The military governor directs me to inform you that he with- 
draws his request for the suspension of arrest of Dr. Reeves. The 
mandate of the court can now be carried out and the arrest made. 
VeiT respectfully, 

W. V. Richards, 
Adjutant- General. 

8. Volume 2, page 217. 

Habana, June S, 1900. 
Hon. Ramon Baranaca, 

Judge of the F'lrxt Instance and Instruction, 

District of Cathedral, Ilahana. 
Dear Sir: I, as attorney for the military governor of Cuba in the 
matter of the criminal case against C. W. F. Neely and others charged 
with malversation of funds of the department of posts, beg to inform 
you that I have appointed Mr. Alfredo Poey, Mr. Albert Wright, 
Mr. Charles J. Metz, Mr. J. F. Darling, and Mr. Horace Van^ De 
Veldo as my assistants in the matter, and that they are authorized to 
communicate to you the desire of the military governor in the case. 

I also beg to inform you that I, as such attorney, hereby ratify all 
steps that ni}^ assistants have made in the case. 

9. 

Ardsley on Hudson, July 27, 1900. 

Colonel Scott, 

Adj utant- Gen eral, Ilahana : 
Direct Rathbone's arrest by proper authorities at once. Bail should 
be at least |125,000. Under no circumstances permit his escape before 
arrest by court. Developments here render this action imperative. 
Present ofBcial copy of this telegram to the court. 

Wood. 



6 CONFIRMATION OF LEONARD WOOD. 

10. • 

New York, July 28. 
Scott, Adjutant- GeneraJ., Ilahnna: 

Telegram sent you yesterda}' in reference to postal eases was not 
intended to be mandatory upon the judge as to amount, but a sugges- 
tion based upon the gravity of the situation here. Sail this morning. 

Wood. 
(See p. 341, record.) 

11. Headquarters, Division of Cuba, 

Ilahana.^ Noneiiiher i^, 1901. 
The Secretary of Justice, llahana. 

Sir: The military governor directs me to inform you that by reason 
given by Mr. Alfredo Za3"as, counsel for Mr. Neelv in the post-oiEce 
cases, he has granted an extension of ten days to the term given by the 
law to tile answers. 

The military governor directs that you inform the alidiencia of this 
decision with such instructions as j'ou may consider necessaiw. 

H. L. Scott, 

Adjutant- General. 

Note. — The above order was transmitted to the court on November 
14, 19(»1, and the court on the same day ruled as follows: ''In view 
of what is stated in the foregoing communication the term pre- 
scribed by law to tile answers is extended for ten days morc.^"' 

ORDERS WITHIN AUTHORITY OF MILITARY GOVERNOR. 

With respect to charge No. 1 it is to be o))served, in the first place, 
that General Wood, as military governor of Cuba, had vested in him- 
self not only all executive but also all legislative authority. 

By virtue of that fact it was within his power to at any time alter, 
amend, or repeal article 3S7. 

If. therefore, his action in issuing the orders in question, or any of 
them, was inconsistent with that provision, such action nuist be held 
to be pro tanto a modification or amendment of that article; just as 
a subsequent act of any legislative bodj' would be held to l)e an 
amendment or modilication or repeal of a y)rior act of the same })ody 
with which it was inconsistent or in conflict. 

The charge made ignores and disregards this character and power 
of the military governor, and for that reason, if there were none 
other, it could not, in the nature of things, be sustained 1)}' such proof 
as has been offered. 

But, in the second place, there arises a question of construction. 

It is not every order or intimation "to a judicial authority' relating 
to causes or questions in controversy"" that is prohibited b}' article 
387, but only such orders and intimations as relate "to causes or ques- 
tions in controversy whose cognizance or decision is of the exclusive 
competency of courts of justice," etc. 



CONFIRMATION OF LEONARD WOOD. i 

What are the orders and intimations of which the courts have 
"exclusive" competency becomes therefore an important question in 
considering these orders. 

The militar}' governor could, in the exercise of his powers, not 
only alter, amend, or repeal laws and require conformance therewith, 
but he could also not only control but even abolish the court entirely 
if he thought such action would promote the public good. 

It does not affect the case that such a government was of arbitrarj^ 
and autocratic character, for that was what it was intended to be, and 
what military governments always are. 

They are provided only in cases of necessit}' for such situations 
as follow war and the consequent disorganization of society, and 
are intended to last, so far, at least, as our experience is concerned, 
only until peace, order, and civil government can be substituted. 

While such governments are thus arbitrary in character they are 
not necessarily harsh or unjust. They are amenable to the national 
government that creates them, and that fact, coupled with public 
sentiment and enlightened and patriotic purpose, has alwaj^s been 
sufficient, in our experience, to restrain abuses and secure happy 
results. 

With this view of the relation of the military governor of Cuba to 
the courts of that island in mind, no argument is needed to show that 
the orders cited in support of this charge are clearly within the 
power of the military governor to make, and, therefore, were not 
orders or intimations relating to causes or questions within the 
"exclusive competency" of the courts under article 387, so far as 
the military governor was concerned, however they might be as to 
others. 

But aside from his general powers as militarv governor, General 
AVood acted in the prosecution of the postal fraud cases under 
special instructions from the Secretary of War that specilicall}^ 
devolved upon him all the powers, duties, and responsibilities of a 
prosecuting officer, and thus made applical)lc to him in that prosecu- 
tion the following provisions of the Spanish criminal code then in 
force in Cuba, namely: 

Art. 306. In accordance with the provisions of the foregoing chap- 
ter, judges of examination shall conduct the sumario of public crimes 
under the direct supervision of the public prosecutor of the court of 
competent jurisdiction. 

The supervision shall be exercised either by the public prosecutor 
establishing himself in person or through one of his assistants at the 
side of the examining judge or by means of detailed certitied state- 
ments, sufficiently explicit, which shall be transmitted to him by the 
examining judge at periodical intervals and as often as requested, the 
public prosecutor being permitted in the latter case to submit his 
remarks in a respectful communication and his petitions by requisi- 



8 CONFIRMATION OF LEONARD WOOD. 

tions equally respectful. He may also delegate his functions to the 
municipal pro.'iecuting' officials. 

Art 3f 1. The judge conducting the suinario shall take all the steps 
which may be suggested to him by the prosecuting officials or by the 
private complainant, if he does not consider them useless or prejudicial. 

An appeal may be taken from all decisions refusing to take the 
steps requested, which appeal shall be allowed for review onl}^ before 
the proper audiencia or court of competent jurisdiction * * * . 

That General Wood was especialW directed and instructed by the 
War Department with respect to the prosecution of the postal fraud 
cases is shown by the testimony of the Secretary of War at page 790 
et seq. of the record. 

In fact, the Secretary states repeatedly in the course of his 
testimon}^ that he was familiar with and in large part directed and 
entirely approved every step that was taken by General Wood in 
connection with these cases, and that he still approves and regards 
as reasonable and proper all that General Wood is shown to have 
done in that behalf. 

In the mere fact, therefore, that General Wood made orders of 
the general character of those mentioned, there is no evidence of 
any usurpation of authority or power or of any illegal or wrongful 
act on his part. 

It follows that if he is to be censured at all on account of these 
orders it must be because of their nature or their object or their 
wrongful or oppressive effect on some one. 

This brings us to an examination of them; and in order that such 
examination may be intelligent, it is necessary to recall the situation 
with which General Wood was dealing. 

POSTAL FRAUDS. 

The occupation of Cuba bv the United States connuenced fJunuar}^ 
1, 18U9. 

Among other things we undertook was the establishment for the 
island of a complete system of postal service modeled after our own. 

Mr. Rathbon(^ was placed in charge of this work by the Postmaster- 
General of the United States, with the title of director of posts — 
afterwards changed by himself to director-general of posts. 

As director of posts he was given "general supervision and 
control of the postal service of the island, cooperating with the 
military connnander, subject to such rules and regulations as may 
from time to time be promulgated by the Post-Office Department." 
(Exhibit 9, Order, No. 534, P. M. G., p. 241, record.) 

In other words, Mr. Rathbone, by virtue of this official position, 
became and was the responsible head of the postal system organized 
and put into operation b}^ the United States in the island of Cuba. 



CONFIRMATION OF LEONARD WOOD. 9 

As Huch, he established the different departments and bureaus thereof 
and appointed the respective heads and chiefs of the same. 

Thus it was that he established the bureau of postal accounts 
(G. O., No. 12, Exhibit 4, p. 233, record) and appointed W. H. 
Reeves chief of the same; and the bureau of finance (G. O., No. 4, 
Exhibit 6, p. 234, record) and placed C. W. F. Neely in charge 
of the same. 

Other bureaus and departments, not necessar}" foi' present purposes 
to be mentioned here, were organized and officered in the same way. 

To enable the system to go into operation, the Post-Ofiice Depart- 
ment at Washington surcharged postage stamps of the United States, 
by printing "Cuba" over their face, to the amount of $522,000, and 
delivered them to the chief of the bureau of finance for Cuba for 
use until stamps specially prepared for Cuba could be printed and 
furnished. 

Local postmasters were appointed for the various cities and local- 
ities throughout the island where post-oflices were established, 
with all proper and necessary help of deputies, assistants, clerks, 
carriers, etc. 

Earl}' in 1900, before the system had been completely organized 
and put into operation throughout the island, Colonel Burton, the 
inspector-general of the military division of Cuba, reported to the 
military governor and to the War Department that his inspection 
of postal accounts showed irregularities of the gravest, most alarm- 
ing, and far-reaching character. It was soon discovered that Neely, 
Reeves, and others were guilty of the grossest frauds; and May 5, 
1900, Neely, then absent from Cuba, was arrested at Rochester, N. Y. 
Other arrests quickl}^ followed and everybody on duty in the island 
was startled and excited, while the whole American people felt morti- 
fied and outraged to have such shame and disgrace brought upon 
them while administering such a trust. There was universal and just 
demand for the punishment of the offenders. 

On May 12, 1900, the investigations and developments having 
involved Mr. Rathbone, the Postmaster-General wrote him as follows 
(p. 213, record): 

Office OF the Postmaster-General, 

Washington^ D. 6'., May 12, 1900. 
Sir: I have to-day, for the first time, seen certain of your bills as 
director-general of posts, which were brought here by Colonel Burton. 
Some of these bills are not onh^ without authority or justification, but 
are scandalous and never shoukt have been passed or paid. The auditor, 
who was responsible to a different department, was inexcusa])le in 
allowing them, and your action in presenting them for allowance is 
grossly reprehensible. Without waiting for a review and reconsider- 
ation of these bills by a rightful audit, you should at once reimburse 
to the island treasury the sums thus improperl}' paid. 



10 CONFIRM ATION OF LEONARD WOOD. 

Independent of the accounts referred to, your disobedience of the 
President's order, communicated to you with explicit instructions, 
directing that reciuisitions made upon the governor-general for any 
deficienc}' in the postal revenue nuist have the approval of the Post- 
master-General, admits of no palliation. 

This letter will be handed to you by Capt. William B. Smith, 
inspector in charge of the Washington division, who, as you are 
informed by another communication of this date, proceeds to Cuba 
under orders to make a thorough investigation. 
Respectfully, yours, 

Ch. Emory Smith, 
Postmaster- General. 
Hon. E. G. Rathbone, 

Director- General of Posts., Hahana^ Culm. 

At practically the same time Hon. J. L. Bristow, Fourth Assistant 
Postmaster-General, was sent to Cuba, and, on May 19, 1000, Rath- 
bone was suspended and Bristow assumed the duties of his office, as 
acting director-general of posts. (P. 316, Record.) 

June 28, 1900, Mr. Bristow returned to the United States and tiled 
with the War Department an elaborate report of the results of the 
investigations that had been made. 

Upon examination of the same, the Secretary of War ordered 
General Wood to return to the United States for consultation. Upon 
his arrival at Washington, the Secretary of War communicated to 
him the nature of Mr. Bristow's report. According to this report, 
the postal funds and resources of Cuba had been f raudulentl v depleted 
and robbed by Neely, Reeves, and others, to the amount — as nearly 
as could be ascertained — of more than $130,000. 

The frauds and offenses conmiitted were shown by the report to 
have been of many kinds, embracing misappropriation of funds, 
embezzlement, obtaining money under false pretenses, forgery, and 
falsification of accounts, but the most startling item set foi'th in the 
list of crimes committed was in connection with the destruction of a 
portion of the surcharged stamps still imused, when, on or about 
August 31, 1899, Neelv, the chief of the Inireau of finance, was fur- 
nished with an adequate supply of the new stamps that had been 
specially prepared and printed at Washington for use in Cuba. 

It was found by the expert accountants, and so reported ])v Mr. 
Bristow, that of the total amount of $522,000 of surcharged stamps 
received from Washington prior to August 31, 1899, the full amount 
of $228,710. 91 had been issued and delivered to bonded postmasters 
throughout the island, and that credit therefor had been dul}'^ given 
in the proper accounts. There could not, therefore, be still on hand 
unused more than the Ijalance remaining after deducting from $522,000, 
the full amount originally delivered, the sum of $228,710.91, the 
amount issued to bonded postmasters and duly credited, or $293,259.06. 



CONFIRMATIOlSr OF LEONARD WOOD. 11 

Thi-s balance of surcharged stamps should have been returned to 
Washinoton, and the account of the same there closed, upon due 
verification, with the proper credit therefor. But, upon representa- 
tion by Neely that he needed the room they occupied in the vault 
where they were deposited, Rathbone, as director-general of posts 
instead of ordering them returned to Washington, appointed Neely 
their custodian, who stood charged with the same, and Reeves, the 
chief of the bureau, who kept the accounts, together with Delano 
Marfield, who was then acting as chief of the l)ureau of registration, 
a commission to destroy the same, 

Mr. Marfield, who appears to have had nothing to do with any of 
the frauds, described under oath, as shown by Mr, Bristow's report, 
how, under the direction of Neely, the stamps were removed in 
packages from the vault and taken to a furnace, where they were cast 
into the flames and, as he supposed, destroyed, to the amount, on 
September 11, 1899, of $310,000 and on December 13, 1899, of 
$82,589.37, making a total of $392,589.37. 

There was no opening or counting of the contents except of a few 
of the packages, and there was no calling off or checking as the 
destruction proceeded except by Neely and Reeves. 

A report of the transaction, signed by Neely, Reeves, and Mar- 
field was then made to Rathbone, saying that there had been 
destroyed in the manner shown the amount of $392,589.37, or 
$99,330.31 more than they could possibly have to destroy if the 
entire balance then unused had been destro3'ed, Rathbone there- 
upon ordered Neely to be credited accordingl3\ 

It was further found that small amounts of surcharged stamps 
were afterwards discovered to have been undestroyed, out of which 
sales were made from time to time to stamp collectors, and which 
were in several instances, to the amount of $100 in each instance, 
being used and credited in other ways, showing that the whole 
amount of the true balance had not been destro3^ed. 

Briefly' stated. General Bristow's report showed that Neeh' thus 
received a false credit on account of the alleged destruction of sur- 
charged stamps of not less than $100,000. 

Rathbone's relation to this transaction was shown by General 
Bristow's report to be of such character that both the Secretary' of 
War and General Wood were of the opinion that he was in complicity- 
with Neelv and Reeves in the fraud perpetrated in connection with the 
destruction of the surcharged stamps; and it was further shown by 
the report that he was, in the opinion of Mr. Bristow, guilty of 
numerous frauds of various kinds on his own account. 

Whether he was guilt}' of any of the offenses so charged or entirely 
innocent of the same it was not the province of the committee to deter- 
mine, and the committee did not make anv investigation with such a 



12 CONFIRMATION OF LEONARD WOOD. 

purpose in view. The object of the investigation wasJ,o ascertain 
whether there was any basis for the charges made by Rathbone against 
General Wood, and the reference to the postal frauds in Cuba and the 
report of General Bristow as to Rathbone's apparent connection there- 
with is made merely to show the situation as then presented with 
which General Wood had to deal, and thus shed light on the orders he 
made, of which there is complaint. 

CHARACTER OF ORDERS. 

Looking now at those orders in this light, it will be observed that 
all of them relate to the preliminary stages of the prosecution, while 
it was yet before the court of first instance, and that the}^ have 
reference to the amount of bail that should l)e required in certain 
cases, the time of arrest or suspension of arrest in one or two cases, 
and matters pureh^ of an executive and police character; and not one 
of them is complained of as working any harm to any one or as being 
oppressive upon anybody, except onl}^ that of Jul}' 27, 1900, fixing 
the amount of bail in the case of Rathbone at $25,000 (being No. 9 of 
the orders complained of). 

This order, to be rightly judged, must be read in connection with 
General Wood's telegram of July 28. These two telegrams were as 
follows: 

Akdsley ON Hudson, July ^7, 1900. 
Colonel Scott, 

Adjutant- General, liahana: 
Direct Rathbone's arrest by proper author ties at once. Bail should 
be at least $25,000. Under no circumstances permit his escape before 
arrest by court. Developments here render this action imperative. 
Present official copy of this telegram to the court. 

Wood. 

And 

New York. July 28. 
Scott, Adjutant- General., ILdnDia: 

Telegram sent you yesterday in reference to postal cases was not 
intended to be mandator}^ upon the judge as to amount, but a sugges- 
tion based upon the gravity of the situation here. Sail this morning. 

Wood. 

Both of these telegrams were comnuuiicated to the court, and it 
was the duty of the court, in consequence, to bear both of them 
in mind in fixing the amount of Rathbone's bail. 

Bearing both in mind, the judge knew that while General Wood 
thought the bail should be at least $25,000, 3^et he was at liberty 
to fix it at any less sum he should deem sufficient. 

The judge fixed the bond at the amount named by General Wood, 
presumably because he agreed with (jeueral Wood that the amount 
named was no larger than it should be, for he was doubtless, like 
General Wood and the Secretary of War, thinking not only of 



CONFIRMATION OF LEONARD WOOD. 13 

the S4,000 for which Rathbone was then under arrest, but also 
of his apparent complicity with Neel}' and Reeves in the manj^ 
other g-raver and more serious frauds and crimes that made up 
the general situation. 

What the judge did in refusing- the bail offered and in demanding a 
cash deposit is of no moment so far as the present investigation is 
concerned, for the reason that General Wood had nothing to do 
therewith, he being at the time enroute, by sea, from New York to 
Habana. 

On this point the Secretary of War says in his testimony, com- 
mencing at page 754 of the record: 

The Chairman. Is there anything further on that point? 

Secretaiy Root. I had been very unwilling and General Wood had 
been ver}- unwilling to arrest Mr. Rathbone, and 1 had instructed him — 
authorized him, perhaps I should say — to refrain from arresting Mi". 
Rathbone just as long as he possibly could with safety. Then very 
gross frauds and peculations had occurred in Mr. Rathbone's depart- 
ment, and there were numerous indications tending to show misconduct 
on Mr. Rathbone's part, and it was not considered, and I did not con- 
sider, and I said to General W^ood that I did not consider, that it would 
be consistent with our duty to permit Mr. Rathbone to leave the island 
of Cuba until the investigation had been so completely finished as to 
make it certain that he was not one of the guilty parties. At the time 
when this telegram was sent, July, 1900, there were indications that 
Mr. Rathbone was about leaving Cuba. Whether the indications were 
right or wrong I do not know, but there were such indications, and I 
told General Wood that 1 did not think we should delay any longer 
and that he must proceed to arrest Mr. Rathbone, and he sent this 
telegram. 

Senator Foraker. What did you say as to the amount of bail Gen- 
eral W^ood spoke of? 

Secretary Root. I do not remember whether we spoke of the amount 
of bail or not, but I knew at that time the amount of bail required, and 
in my judgment then, and now, the amount was reasonal)le. 

Senator Foraker. He was arrested in pursuance of that order upon 
a charge of misappropriating about $4,000 only. I want to ask whether 
or not when the arrest was ordered you had in mind anything l^eyond 
that particular charge, or whether you knew" of that particular charge 
standing by itself? 

Secretary Root. I did not know what particular charge he would be 
arrested on. His concern in the whole tield of fraud was what was in 
my mind and what he was to be held accountable for. 

Senator Foraker. You had then before you Mr. Bristow's report? 

Secretary Root. Y^es. 

Senator Foraker. Which set out in detail and amount how a fraud 
of about $100,000, or perhaps more, had been perpetrated in the 
destruction of some surcharged stamps, had j^ou not? 

Secretary Root. Y^es, sir. 

Senator Foraker. By a commission which Mr. Rathbone had 
appointed ? 

Secretary Root. Y^'es. 

Senator Foraker. Consisting of Mr. Neely, Reeves, and Marfield ? 



14 CONFIKMATION OF LEONARD WOOD. 

Secretary Root. Yes; and I had the report which showed that right 
under Rathbone's nose a very large amount of mone}^ had been stolen. 

Senator Foraker. Yes. 

Secretary Root. And I knew that it had been made possible; 1 knew 
certainly that it had been made possible by Mr. Rathbone's refusal to 
submit the vouchers for expenditure to the general accounting and 
auditing s^^stem of the island, because 1 had been concerned for a con- 
siderable time in endeavoring to get those vouchers. Back in January, 
within a few weeks after General Wood went to Habana. attention was 
called by the War Department to the fact that the expenditures of the 
Post-Ofhce Department in Cuba were coming in gross, and not coming 
in detail and with the explanations which were required here, and that 
led to a call for the vouchers of the postal expenditures. 1 went to 
Cuba in ^Nlarch, 1900. and found those vouchers had not been furnished 
and General Wood was in great l;rou))le about it. 

The fact that these expenditures out of insular funds were going on 
and he did not know and the auditor of the island did not know whether 
they were going on properly or not was the cause of great trouble, and 
I sent for Mr. Rathbone and had a talk with him on the subject, and 
told him he nuist furnish those vouchers, and was pretty peremptory 
and sharp with him on the subject, and he tinally said that he would, 
and shortly after 1 came back here came this exposure of the fact that 
the vouchers that had been held back really covered this disgraceful 
series of frauds. I knew that, and I considered that Mr. Rathbone's 
relations to the whole series were under investigation and that he 
might or might not be found to be responsible for the whole. I con- 
sidered $25,000 to be a very reasonable })ai]. 

May 1 sav one other thing about this? This expression as to the 
amount of bail has been referred to as being an indication of improper 
control on General Wood's part. 1 never knew a case in which the 
prosecuting officer was not called upon to say what bail he wanted. 1 
nevei' went into court in prosecuting a case, and I do not think any 
gentleman here ever did, that the prosecuting officer was not called 
upon to fix, in the first instance, the amount of bail. The court ordi- 
narily takes whatever the prosecuting ofiicer says. Sometimes, if 
there is objection to it, the court will hear discussion upon it, and 
sometimes change the amount of bail that the prosecuting officer fixes; 
but that is the invariable rule, and it never entered my head that there 
was anything out of the way about it. 

Senator Foraker. That is because the prosecuting attorney is sup- 
posed to have investigated the case and to be familiar with its gravity, 
if it is a grave matter, and for that reason is supposed to l)e ]>etter 
qualified to say what bail should be required than the court is really? 

Secretary Root. Yes, sir. 

Attention is called in this connection also to the statement of the 
president of the court of audiencia, found at page 367 of the record, 
and also to the statement of Mr. Justice Jado (page 368 of the record), 
and also to the statement of Arturo Hevia, the fiscal who prosecuted 
the postal fraud cases, found at page 368-373 of the record. 

The testimony of all these officials is to the efi'ect that the court of 
audiencia in the trial of the postal cases was not interfered with by 
General Wood or anybody else with respect to any matters of judicial 
cognizance. 



CONFIRMATION OF LEONARD WOOD. 15 

ORDER No. 11. 

As to the order No. 11, as set forth herein, being- that of November 
12, 1901, addressed to the secretary of justice and extending for ten 
days the time allowed by law in which the defendants could file 
answers, it would seem to be enough to say that it was granted on 
the application of the defendants and for their benefit. Surely there 
is no evidence of oppression or abuse of power in enlarging or extend- 
ing the time fixed by law for the defendants to answer the charges 
that had been made against them, nor is there any such claim. 

EX PARTE DEPOSITIONS. 

The onl}^ other order complained of was that of December 6, 1900, 
authorizing the use upon the trial of what has been referred to 
by Rathbone and others who are opposing confirmation as ex parte 
depositions, and inasmuch as the second charge is based on that 
fact alone, it will be considered under that charge, which is as 
follows: 

I charge General Wood — 

2. With authorizing the use of ex parte depositions in the postal 
cases, a proceeding which is contrary to the law and the principles of 
law, and in this case contrary to instructions given by the Secretary 
of War. 

The following is the order relied upon to support this charge: 

Office of the Secretary of Justice, 

Hahana^ Decemher 6', 1901. 
To the Audiencia of Habana: 

In regard to the letter of this office dated November 11, 1901, in 
relation to tlie cases pending of C. W. F. Neeh^ and others, known 
as the post-office cases, by which letter it was forbidden to use as evi- 
dence in the trial the results of the interrogatory letters sent to the 
United States, the military governor directs me to inform you that the 
said letter of the 11th of November, 1901, and the instructions therein 
contained are by this letter repealed, and that the use of the results 
of the interrogatory letters are allowed in the trial of the postal cases. 
Ver}" respectfully, 

Varela Jado, 
Secretary of Justice. 
(Page 315, record.) 

The following statement, made by the Secretary of War in a 
communication addressed to a member of the committee, which was 
repeated, in effect, in his testimony at pages 757-763 of the record, 
completely answers and disposes of this charge: 

In preparing the sumario in the cases against Neely and Rathbone 
it was necessary to take depositions in the United States. On Novem- 
ber 9, 1901, it came to my attention that the Government was intending 
to use some of these depositions on the trial of the case. I was of 
opinion that, even if permitted by the Spanish law of criminal pro- 
cedure, the Govermiient ought not to use testimony secured without 



16 CONFIRMATION OF LEONARD WOOD. 

affording the defense an opportunity to appear and crois-examine the 
witnesses. I was assured that such opportunity had not })een afforded 
Rathbone as to the testimony taken in the United States, whereupon 
I adyised the militar}^ goyernor as follows: 

"I understand that during my absence from Washington, and while 
Mr. Fosnes, the director-general of posts of Cuba, was here, some- 
thing was said indicating that there possi))ly may be an intention on 
the part of the prosecuting officers conducting the post-office frauds 
in CXiba to use the answers to the letters requisitorial sent to this 
country as eyidence upon the trial. This must not be permitted. The 
act of Congress, approyed June 6, 1900, for extradition of persons 
charged with crime in any foreign country or territory occupied by or 
under the control of the United States provides that the authorities 
in control of said countiy or territory shall secure to such persons 'a 
fair and impartial trial.*' That duty rests upon the War Department. 
It is not a fair and impartial trial, according to the ideas embodied in 
our American constitutions, to try a man for crime on ex parte affidavits 
made b^- persons whom he has had no opportunity to cross-examine. 
* * * Any fact stated in them which is deemed to be necessary to 
the maintenance of the prosecution must be established b}^ the oral 
testimon}" of witnesses produced in court, with an opportunity for 
cross-examination. Eyery effort will be made to send such witnesses 
to Cuba." 

This letter, as appears on its face, was intended as a direction to 
the attorneys engaged in prosecuting the case and to adyise them of 
the necessity of securing the attendance of witnesses. The letter 
arrived in Habana during the absence of General Wood, who was then 
on a tour of inspection in the eastern part of the island. The sub- 
stance of the letter was incorporated in an order issued November 14, 
1901, which order was communicated to the audiencia. 

I subsequently learned that notice of the taking of the depositions bad 
been served on Rathbone, and that his acceptance thereof in writing 
appeared on each of the letters rogatory on which said depositions 
were taken; that he had had full and ample opportunity to ffle cross- 
interrogatories, or to arrange for cross-examination of the witnesses. 

On December 6, 1901, I advised the military governor as follows: 

War Department, 

Washington^ December 6, 1901. 
Sir: As it now appears that full opportunity was afforded to the 
defendants in the post-office fraud cases in Cuba to cross-examine the 
witnesses named in the letters requisitorial sent to this country in 
accordance with the law and practice of Cuba, there would seem to be 
no adequate reason why the fiscal should not offer upon the trial the 
evidence obtained under such letters, leaving the court before which the 
trial is to be had to determine upon its competency and admissibility. 
My letter of Novemlier 9 is therefore to be deemed modified 
accordingly as to all depositions taken under the letters requisitorial 
upon which a full and fair opportunity to file cross-interrogatories 
was afforded. 

Very rcspectfull}^, Eliiiu Root, 

Secretary of Wa7\ 
Brig. Gen. Leonard Wood, 

3Iilitary Governor of Cuba. 



CONFIRMATION OF LEONARD WOOD. 17 

But for other reasons there is no foundation for the charge. The 
depositions referred to were not ex parte depositions. They were 
depositions tals:en upon letters rogator3% or requisitorial, as the}' are 
sometimes called, of witnesses beyond the jurisdiction of the court 
in the United States. These depositions were taken in accordance 
with the law and the practice in effect in Cuba at the time. In 
accordance with that practice, either the prosecution or the 
defendants had a right to submit interrogatories to the court, and 
the court, deeming them pertinent, had a right to submit them to 
the opposite side for cross-interrogatories, if it should be desired 
to submit any. Letters could not be issued until all this had been 
done, and the record shows that no letters were issued in any 
instance in these cases until the opposite side had opportunity to 
submit cross-interrogatories. 

The record further shows that Mr. Rathbone was the first to 
avail himself of this provision and that he took the depositions of 
14 witnesses in the United States in this manner. 

The record further shows that the prosecution afterwards took 
the depositions of a number of witnesses in the United States, but 
that in each and ever}' instance notice thereof, with a copy of the 
questions to be propounded, was served upon Mr. Rathbone or 
his attorneys and acknowledged either by Mr. Rathbone or his 
attorneys, and that in some instances Mr. Rathbone submitted 
cross-interrogatories and in others he waived his right to do so. 

It was said by Mr. Rathbone's attorney, Mr. Desvernine, who testi- 
fied l)efore the committee, that Mr. Rathbone should not be bound by 
the depositions so taken, although he had opportunity' for cross-exami- 
nation, because they were taken while the stimarto was being made 
up, and not for use on the trial of the cause; l)ut it is shown by the 
exhil)its filed before the committee by Mr. Rathbone himself that 
after the sumario had been made up, of which these depositions and 
other documents had been made a part, the fiscal filed his acusacion, 
a copy of which is found at page 250-271 of the record, and to which 
he attached a statement (page 269), as was required by the practice 
in that court, of the testimony upon which he would rely, and which 
he was required to and did sulmiit in support of his acusacion. 
This statement is the sixth paragraph of the acusacion, and reads 
as follows: 

The fiscal intends to use the following proofs: 

(1) The defendants' confession in case they would depose; (2) the 
proofs taken from the attached list of documents; (3) the proofs by 
witnesses —a list of the same is attached; (1) the proofs by experts, 
auditing, mercantile, caligraph, and surveying experts, included in the 
attached list. 

2 



18 CONFIRMATION OF LEONARD WOOD. 

Then follows, at pages 270-274, both inclusive, a list«of the docu- 
ments and witnesses and depositions so submitted. 

Among" them is found, at page 273, the same list of depositions, 
name for name, that are mentioned b}' Mr. Rathbone in his Exhibit 
29 (p. 315 of the record) as the ex parte depositions complained of 
as improperly used at the trial. 

Immediately following the acusaciun and the list of proofs and 
witnesses and depositions submitted by the liscal in support of the 
same, at the bottom of page 274 of the record, connnences the 
answer of Mr. Rathbone. 

In this answer, and as part of the same, at page 283 of the rec- 
ord, Mr. Rathbone, through his attorneys, states upon what proof 
he will rely to support his defense, as follows: 

The proof which is of interest to our client is contained in the fol- 
lowing paragraphs: 

1. We submit in the first place, as if reproduced, all of the evidence 
given by the fiscal, making it entirely ours. 

IL In addition to the HscaVs evidence, we give the following as doc- 
umentary evidence: 

First. We give as evidence which we intend to use, and to which we 
will refer during the trial in each instance which naturally will arise, all 
and absolutely all of the documents which are included in the records 
of this suit as evidence of conviction, and those which pertain to the 
occurrence on account of which the proceedings were instituted which 
were forwarded to the juzgado (the lower court) and which are now 
kept in the safe of the coui-t. It is impossible to enumerate them. 
It is not possible for us to determine which of them interest us most. 
We have not had time to read them all. Legal friction nuist not stand 
over the truth, nor can it be feared that the court, when admitting and 
certif ving the evidence, will do so in a narrow-minded way. We hope, 
then, that this evidence which we submit will be accepted without any 
difficulty. 

In addition to the foregoing, at page 288 of this answer, occurs 
the following: 

Habana, Noveniher 9.3, 1901. 
List of witnesses that we, Pablo Desvernine and Jose (lonzalez 
Lanuza, lawyers and representatives of Mr. E. G. Rathbone, present 
in the suit carried on against him and others, for frauds committed in 
the department of posts, in udd'ttiou to the experts and \vitn(\ss(\s named 
b}' the fiscal, etc. 

In other words, it is shown by this record, put in evidence before 
the conunittee by Mr. Rathbone himself, that the depositions 
complained of as ex parte depositions were submitted by tlie fiscal 
in supi)ort of his acusacion and accepted by Mr, Rathl)one through 
his attorneys and made his own testimony, to be used by him as 
well as by the prosecution on the trial of the cause in the court 
of audiencia. 



CONFIRMATION OF LEONARD WOOD. 19 

In view, therefore, of the fact that the Secretary of War, upon 
being fully informed, revoked his order, first made on November 9, 
1900, prohibiting the use of these depositions, and in view of the fact 
that they were not ex parte depositions, but depositions taken in 
accordance with the law then in force in Cuba, upon notice duly given 
and opportunity fully afforded to liathbone to cross-examine, and in 
view of the fact that they were offered in evidence by the fiscal in 
support of his acusacion and accepted, and also offered as ''entirely 
ours" and ''all and al)solutely all," without any question by the 
attorneys of Mr. Rathhone in support of the answer they tiled in 
his behalf, the committee Avere of the opinion that the second charge 
was without any merit. 

On this point the Secretary of War testified, at page 767, as 
follows: 

Secretary Root. * * '■■ [ examined the record. I sent for the 
original record and went over it. 1 found that the representations 
made to me by General Wood that there had l)een an opportunity for 
cross-examining were correct. 1 found that ^Vlr. Rathbone had him- 
self been the first to take advantage of the statute which permitted 
the taking of depositions out of the country. He had applied for an 
order permitting the taking of depositions, and it had been granted, 
and he had taken them. I found that a similar order was applied for 
by the prosecution, and was granted, and on full notice to the defend- 
ants, and I found the acknowledgment of the receipt of service of the 
interrogatories and of the opportunity to su])mit cross-interrogatories 
in, 1 think, every case, and most of the acknowledgments of service 
were signed by Mr. Rathbone in his own handwriting, on the I'ecord. 
1 found that in some of the cases Mr. Rathbone had taken advantage 
of the opportunity to cross-examine, and had cross-examined. 

Senator Teller. And in some he had not. 

Secretary Root. And in some he had not. I found that when the fis- 
cal presented his accusation, appending a statement of the testimony on 
which he would rely, he enumerated these depositions as being a part 
of the testimony on which he would rely, designating them by num- 
bers. And I found that Mr. Rathbone's counsel, in presenting their 
answer, stated that they would rely on these depositions. 

* * * * * * * 

Secretary Root. I examined that record for the purpose of seeing 
whether there had been any substantial injustice done to Mr. Rath- 
bone by the admission of that testimony, and the impression produced 
on my mind was that there had not; that he had had a fair opportunity. 

Senator Teller. Now, Mr. Secretar3\ that is your opinion, that he 
had a fair trial C 

Secretary Root. That is my impression. Unfortiuiately I was in a 
position where it was my othcial duty to form an opinioiL 

Senator Foraker. It was your dutv to have an opinion about it, 
was it not:' 

Secretary Root. Yes. sir. 

Senator Foraker. And you were making this examination with a 
view to determining whether you ought to have an3-rhjng revoked or 
undone that had been done^ 

Secretarv Root. Preciselv. 



20 CONFIRMATION OF LEONARD WO(»D. 



THE $100,000 BOND. ^ 

Before passing from the questions raised by charges 1 and 2, 
rehiting to the prosecution of the postal fraud cases, we call attention 
to the statement of General Wood (p. 35-t et seq., record) as to the 
requirement by the court after the conviction and sentence of Kath- 
bone of an appeal bond, pending- appeal in the sum of ^100.000. and 
the reasons assigned by the coui't for not accepting the Fidelity and 
Trust Company, of Maryland, as surety until directed to do so by 
Secretary Koot and General Wood. 

In view of the fact that Kath])one had been at that time tried and 
found guilty, not only of individual oti'enses of a serious character, 
but also of complicity with Neely and Reeves in the commission of 
frauds on the postal revenues of Cu])a, amounting to more than 
.^100,000, the amount of the bond was not excessive, and the reason 
given by the court for not accepting the surety company was not 
captious or arl)itrary, but sound and legitimate. General Wood's 
statement shows that instead of unnecessarily oppressing, harassing, 
and distressing Rathbone, the prosecuting ofticers. as represented and 
directed l)y the Secretary of War and General Wood, were doing all 
they could consistently to favor him. 

General Wood's statement, commencing at the bottom of page 
354 of the Recc^i'd, is as follows: 

Briefly stated, the matter is as follows: The entire action of the 
Government in this case was in Mr. Rathbone's interests. In the lirst 
place, at my request the secretary of justice asked the supreme court 
to hold an extraordinary session in order to hear the arguments as to 
the issuing of a writ of habeas corpus. The requisition was honored, 
and it was decreed that he should be at libertv on bail. The court 
decreed that Mr. Rathbone's bail should be $100,()()O cash. Mr. Rath- 
bone, through his attorneys, otiered a 1)ond of the Fidelity and Trust 
Company of Maryland. The audiencia rejected this bond, on the 
ground that it was not a cash bond. Th(> reasons of the audiencia, as 
I understand them, for rejecting this bond were as follows: 

The security of the company for bonds issued in Cuba was $25,000, 
which was dei)osited in the treasury of the island. By sentence of the 
audiencia in the post-office cases, bonds in excess of this amount had 
been forfeited and had not been paid. In addition, the Government 
was claiming payment from the company on other bonds, and further, 
the com])any had issued surety bonds on Government officitils to an 
amount exceeding $1.000, (MM). The court was not certain as to whether 
or not it could collect upon the security and ])roperty of the company 
in the United States; and in any case it hekl that tl)e bond t(Midered 
was not a cash one or its equivalent, and they delined to accept it as 
such. This action was entirely within the prerogative of the court. 

(See Criminal Procedure, chaptin- 1', paragraph 5i)l. and order of 
Secretary of Justice Lanuza, 101', article 9, series of ISIJU.) 



CONFIRMATION OF LEONARD WOOD. 21 

During the consideration of bail by the court the following- teleoram 
was received from the Secretary of War, dated April 11, 1902: 

Wood: 

It is reported here that bail, pending appeal, has been fixed for Kathbone at 
$100,000, and that a cash deposit is reijuired, and a Ijond from Fidelity and Deposit 
Company of ^Maryland is oVjjected to. I do not think this is reasonable. AVhen the 
amonnt of bail has been fixed by the court the character of the security is ordinarily 
to be passed upon by the prosecuting officer — that is to say, by the executive depart- 
ment of the Government which prosecutes. The natural and ordinary security for 
the appellant to present i» bond on good security. It is customary in this country 
to accept surety companies, and that is' provided for generally throughout the United 
States by statute. The company named has been uniformly accepted by the War 
Department and military govermnent of Cuba as sufficient surety in other matters. 
I think it would lie unreasonal)le and unfair to the defendants in this case to reject 
that security if a good bond of that company is offered for the amount of bail fixed 
)>y the court. You should consent to its acceptance. 

The following telegram was sent in reply to the above: 

April 11. 
Secretary of War, ]Vuslii)i(j(i)n: 

Your telegram receive<l. The character of the liail was fixed by the court in their 
discretion as law proviiles. See C-riminal Proceilure, cliapter 9, paragraph 591, and 
order Lanuza, secretary of justice, 109, article 9. I know nothing of the action of 
the court concerning bond Fidelity Company. The agent of the company called 
Saturday, and was promptly told to transact his Ijusiness only with the court; that 
character of bail rests entirely with them, and that I had nothing whatever to do 
with it. If bond of this company has been refused, such action of the court is with- 
out influence and without suggestion. It Avill be necessary for me to modify exist- 
ing laws in order to compel the court to accept this bond, but I do not think such 
action will be advisable under the circumstances. I desire to emphasize the fact 
that the court has been left entirely free in this entire case. 

Wood. 

April 12, 1902, the following telegram was sent the Secretary of War 
Have seen president of the audiencia and fiscal of supreme court. 
President of the audiencia states that bond of Fidelity Company would 
not be accepted by him; does not furnish sufficient security. Fiscal 
of supreme court is of same opinion. This company's deposit in the 
island is not sufficient to cover amount of this l)oiid, and it is doubtful 
if the insular government coidd recover in tlu^ Ignited States. This 
company has not yet paid ])ond of Neely and Rathl)one and other cases. 
Its operation has been so unsatisfactory that on April 1, this year, 
notice was served on its representative that there must be a change of 
methods or insular government would revert to old form of security. 
Finding of the court places Neelv and Rathbone in exactly the same 
category. Aside from all question of power of the court to type of 
security. I believe it unadvisa!)le to accept liond of the Fidelity Com- 
pany in these cases. 

Wood. 

The following telegram, 1-l-th, received from the Secretary of War: 

Wood, Ilahana: 

1 see no reason why a civil bond should not l)e executed for Rath- 
V)one pending appeal, and I wish it could be done. 

Root, Secretary of War. 



22 CONFIRMATION OF LEONARD WOOD. 

The following letter, written bv the iiiilitarvg-overiior«of the island. 
was addressed to the fiscal of the audiencia of Hahana: 

Sir: I have the honor to inform you that I, as militar\' governor, 
desire that .yoii accept the l)ond of $100,000, American money, pre 
sented by tlie Fidelity and Deposit Company of Maryland as secui-ity 
in the case of Mr. E. G. Rathbone, late director-general of posts, I 
am aware, from your statement and that of the fiscal of the supreme 
court, that vou do not consider this })()nd as strictly in compliance 
with order of the coui't for a cash bond. ))ut the Government is willing 
to waive any technicality of this description, in order that there may 
be no question as to Mr. Rathbone having received every opportunity 
for bail pending the decision of the supreme court. 
Very respectfully, 

Leonard AA'ood, 
Mll'ddnj (Governor. 

THE TESTIMONY AND PARDON OF REEVES. 

Complaint is also made against General Wood because Reeves 
was allowed to testify without being sworn, on the ground that he 
was himself on trial as one of the defendants, although, as it is 
alleged, he had been promised immunity for testifying in behalf 
of the prosecution. It has not been made clear by any testimony 
that has been offered what is claimed as to any arrangement that 
may have been made with Reeves l)y the prosecution. I'lie only 
witness who pretends to testify on this subject is Dr. C. E. Fisher, 
and he does not pretend to have done more than to initiate nego- 
tiations with General Wood for the protection of Reeves if he 
would make a confession and testify to the truth. (Pages tU.V616 
and 625-620, record.) 

On the other hand, General Wood says at page 35T of the record: 

In reference to the statement made at the top of page 51 [referring 
to Rathbone's statement to the Committee on Relations with Cuba, 
wiiich General Wood was answering], that of Reeves having been 
promised a ]);irdon as an inducement to turn State's evidence, that is 
not true. Reeves was never promised anything, l)ut advised to tell 
the whole truth and nothing but the truth. 

There is nothing in the record to discredit this statement of 
General Wood: 

But, assuming for the sake of the argument that a pardon was prom- 
ised Reeves, that fact would amount to nothing more than is usual in 
the prosei'ution of criminal cases in this countr3% as well as in that of 
every other. And so far as his testimony being given without l>eing 
sworn is concerned, that was strictly in accord with the law and the 
practice then in force in Cuba. His testimony was received not as 
sworn evidence, but as a mere statement, made by one of the accused 
defendants not under oath, to be receiv(^d l)v the court as such state- 



CONFIUMATTON OF LEONARD WOOD. 23 

ment and to be given by the court such weight, and only such weight, 
as such a statement made by an accused defendant on trial might in 
the judgment of tlie court l)e entitled to receive in view of all his 
surroundings and apparent credibility. There is no evidence to 
show that the statement of Reeves was given anv other weight by 
the court than it was entitled to have when so received and weighed 
by the court. 

It should be further remembered with respect to this testimony 
that it is shown at pages 614 and ()15 of the record that the con 
fession of Reeves and the communication of it to General Wood 
were brought about by Dr. C. E. Fisher, a witness called before 
the conmiittee l)y Rathbone. and that he says at pages GIG, 625, and 
G-2i) that he believes Reeves told him the truth and told General 
Wood the truth, and that he testilied to the truth, and if that be 
true, onh' the ends of justice were subserved Iw the credence, 
whatever it may have been, that was attached by the court to the 
statements he made. 

But, aside from all this. Reeves had a right to testif}' as he did, 
and the court had a right to receive his statements for what the}' 
were worth, and there is no evidence whatever that they were taken 
for more than they were worth, and General Wood had a right to 
pardon Reeves, as he did, for the reasons assigned by him therefor. 
All this was* consistent with the requirements of justice and withir 
the rules and limitations of the pnictice and the code of criminal 
procedure in force in Cuba at the time. 

General Wood says (p. 356 of the Record) in his statement in 
answer to the statement of Rathbone, tiled with the Committee on 
Relations with Cuba, above referred to: 

Relative to pardon of W. H. Reeves. Reeves was fully pai'doned. 
He was a witness for the State in the post-ofhce cases. The action was 
based on the following grounds: Reeves surrendered some fJ:,6(M> in 
money which hiid been given him by Neely, and gave the (xovernment 
all the information in his possession relative to the methods by which 
the frauds were committed. Reeves was a man of weak character, 
and I believed was simply a tool of Rathbone and Neely. In pardon- 
ing him I exercised the authority vested in me, and I considered that 
his attitude in returning the money and in furnishing the State all the 
evidence in his power was of such value as to in eti'ect constitute him 
a witness for the State, for although he had lieen a defendant, he had 
virtually made no defense, l)ut had confessed freely and fully concern- 
ing the frauds committed in the post-office department. 

On page 44 reference is made to the amnesty proclamation of the 
Cuban Government. There is no doubt that a request "to the Cuban 
Government made by Mr. Rathbone, that he wanted to be exempted 
from the amnestj^ and to appear before the supreme court on the 
merits of the appeal which he had made, would have been granted; 
but all familiar with this case appreciate that this was about the last 
thing that Mr. Rathbone was likelv to have done. 



2-1 CONFIRMATION OF LEONARD WOOD. 

The balance of the .subject-matter on page 44 has alread}' been dis- 
cussed; also on page 45 and a portion of page 46. 

There is one statement on page 46 which 1 feel should be denied, 
and that is the statement that the action of the military government 
created the impression on the minds of the judges that the military 
governor desired the conviction of the defendant. Nothing could l)e 
further from the facts. My instructions to the prosecuting officer 
were to always give these men the benefit of the doubt. Especially 
was this true in regard to Mr. Rathbone. 

In reference to the declaration concerning article 387, Penal Code, 
it is hardly necessary to discuss this. I had full power to modify the 
law, and 1 was under everv obligation to see that it was justly and 
fairly administered. As has already been noted, almost ever}- action 
taken by me was directly in favor of the defendant, Mr. Rathbone. 

The question already referred to as to ex parte evidence has been 
discussed. 

The same is true concerning declaration in first part of page 48. 

In reference to the Constitution of the United States. Mr. Rathljone 
is perfectly aware that (yuba is a foreign country; that th(> laws in 
force were laws in force in a large part of continental Europe, and 
that a trial under the civil law varies essentially from a trial under 
conmion law. He was given everv consideration authorized or guar- 
anteed by the laws in force in Cuba. He had every possible opportu- 
nity to prepare his defense. He was defended by the ablest lawyers 
of the island, and at the time of the transfer of the military govern- 
ment he had been granted an appeal to the supreme court of the island 
of Cul)a, which court had had its powers extended by special order 
promulgated under direction of the President, empowering it to practi- 
cally retry the case, the original power of the court being simply power 
to hear appeals in cassation, under which it could throw out or modify 
the sentence or declare the trial null and void on account of irregularity. 
Under the powers given it in the order promulgated, as above stated, 
it could do all of these things, and in addition sunnnon witnesses, rehear 
the evidence, and, in short, retry the case. Mr. Rathbone did not 
avail himself of any of the opportunities thus offered him to disprove 
the findings of the audiencia of Habana. 

The matter referred to on pages 48 and 41* relates entirely to mat- 
ters which have already been covered, and is represented In the ci^arge 
already made. 

In reference to Reeves not being sworn, as stated in paragraph 3, 
page 50, the fiscal states — 

that in the trial of Mr. Rathbone the testimony of Reeves was proposed by the liseal 
and V)y the lawyern in the chararter of a jiroof of confession, and the conrt acbnitted 
it in tiiis character. Reeves was not })roposed as a witness, nor was it at all jiossible 
to do .so, becanse he a!,<o wa-: one of those accused, just as nnicli as Mr. Rathbone 
and Neely. At the oral trial Iteevcs was iiuestioiied by (he state and liy the defense 
of the other accu.-ed, who sul)niitted him to an extensive and minute examination, 
formnlatino: all the questions they desired, especially the defense of Mr. Rathhone. 
As Reeves did hot ijive his testimony as a witness, but as one accused, an oath could 
not 1)e reijuired of him, as provided in article 387 of the Law of Criminal Procedure. 
The examination of Reeves by the defense of Rathboiie was so minute that between 
Desvernine and Lannza he was asked more than a hundred and fifty questions. All 
that I have written is substantiated in writing by the ])roceedings and by the stenog- 
ra]>her's notes. 

Aktiko Hevi.\. 



CONFIEMATION OF LEONARD WOOD. 25 

In reference to the .statement made at the top of page 51, that of 
Reeves having- been promised a pardon as an inducement to turn state's 
evidence, that is not true. Reeves was never promised auN'thing, but 
advised to tell the whole truth and nothing but the truth. 

RATHBONE HAD A FAIR TRIAL. 

So far as the general charge is concerned that Rath])one and 
others implicated in the postal frauds did not have a fair trial, 
because of interference by General Wood, no evidence was pro- 
duced to the committee in support of the same. On the con- 
trary, in so far as the committee were required by the charges 
the}' investigated and the testimony the}' heard to consider the 
trial of the postal fraud cases, and particularly the trial of Rath- 
bone, they were of the opinion that General Wood stated the 
exact truth when, at page 362 of the record, in closing his state- 
ment made in answer to the statement of Mr. Rathbone before 
the Senate Committee on Relations with Cuba, he said: 

In conclusion, I reiterate most positively that every effort was made 
to give Mr. Rathbone an absolutely fair trial, and I declare that, to 
the best of ni}'^ knowledge and belief, he did have such a trial; that he 
was given ever}' opportunity to prepare his defense; that he was 
defended by the ablest lawyers in the island; that no influence what- 
ever, directly or indirectly, was used to influence in any way the judg- 
ment of the court or aflect its personnel. The conviction was based 
mostly on documentary evidence, some of which at the present time 
is in the archives of tiie military government. The written records of 
the trial are in the hands of the audiencia of Habana and constitute 
some twenty-four volumes. The trial was a long one, covering in its 
l)re]iminarv stages nearly two years. The Secretary of War was kept 
fully informed of the progress of the trial from flrst to last, and, as 
will be seen from the foregoing portions of this communication, he 
was fully aware of the conditions existing. 

In April, 1902, the Secretary of War visited Habana, and in order, 
as he said, that he might be a))le to state that he had personally seen 
the receipts of Mr. Rathbone and his lawyers upon the interrogatory 
letters upon which jVIr. Rathbone declares he had no opportunity to 
submit cross-interrogatories, the records of the court were brought to 
the palace and the Secretary spent several hours personally examining 
each and every requisitorial letter which was forwarded to the United 
States, and on each and every one of which he found the signature of 
either Mr. Rathbone or his attorneys, showing that they not only had 
had full access to these letters, l)ut that they had had some of them in 
their possession for a comparatively long period of time — evidence that 
if they did not submit cross- interrogatories it was because they had 
very good reasons for not doing so. 

The press and public of Halmna were present throughout the trial. 
Neither I nor any member of my staff' or any officer of the Army was 
present at the trial except as witnesses, and every possible effort was 
made to avoid even the appearance of influence. Full stenographic 
reports of the testimony were taken in Spanish and English, and a copy 



26 CONFIRMATION OF LKONAJID WOOD. 

of the Eno-lish text was forwarded hy me to the Secretary of War. 
As under civil procedure oral testimoii}' is not made of n^cord, the 
transcript of the testitnony, although essentially accurate and correct, 
is not official. 

In conclusion I desire to state, after most careful consideration of 
the statements of Mr. RathV)one in his appeal, that it is so full of mis- 
statements and irrelevant material that, in eli'ect, it amounts to an abso- 
lute misrepresentation of facts. It is the complaint of a man who has 
failed to take advantage of the appeal granted him under the laws of 
the country in wdiich he w^as tried, who seeks, by misstatements and the 
submission of irrelevant and misleading information, to create an 
impression not warranted by facts. 

1 should l)e delighted to appear before your conuuittee and go into 
this luatter in detail, as 1 most earnestly desire that it lie entirely 
cleared up and disposed of before mv departure for the Philippines on 
March 28, 1903. 

It must be remembered that the principal evidence on which Mr. 
Kathbone was convicted was furnished by inspectors of the Post-Office 
Department, many of whom in the past had been his friends, and that 
almost the first direct declaration that I had as to his guilt was from 
Capt. W. B. Smith, the senior post-office inspector, who came to 
Cuba for the purpose of inspecting conditions of the department of 
posts. Their findings were corroborated by ]Mr. Bristow. and the 
charges made by them were estal)lished and proved l)eyond question 
of doubt at a public trial before five judges. 

Mr. M. S. Fosnes, Mr. H. T. Gregory, ]Mr. J. L. Bristow, Capt. 
W. B. Smith, and other post-office inspectors are all within reach of 
your comiuittee, and I would respectfully suggest that they be called 
and fully examined upon this matter. 

In conclusion, it might not be inappropriate to invite attention to 
the fact that Mr. Rath bone's charge practically implies that the mili- 
tary governoi', the inspector-general on duty in Cuba, the Fourth 
Assistant Postmaster-(Teneral, a large number of post-office inspectors 
of established reputation, the auditors of the island of Cul)a, and five 
judges of the audiencia of Habana (three of whom were appointed by 
Lenuza, Mr. Rathbone's attorney, who was secretary of justice under 
General Brooke) all conspired to convict hini. The creation of such a 
situation would have been impossil)le. 

The complaint would have had a truer ring had Mv. Rathbone 
declined to accept a pardon and taken his case before the supreme 
court of Cuba. 

In this connection attention is called to the statement from the 
War De]iartment, pu])lished at page 777 of the record, which 
shows that of the five judges constituting the court of audiencia, 
before which court Mr. Rathbone was tried, two of them w'ere ap- 
pointed as judges by (leneral Brooke and two of them were appointed 
as fiscals by General Brooke upon the selection and recommenda- 
tion of ISlr. Lanuza, who was tlu^ senior counsel for Rathlione. This 
fact should estop Mr. Rathboiu^ or his counsel from claim ing that 
the justices of the court trying the Rathbone case were not leaders 
in their profession, honorable judges and honorable men, who could 



CONFIRMATION OF LEONARD WOOD. 27 

be relied upon to g'ive, as they say in their statements they did give, 
a full, fair, impartial, and just trial, according- to the codes of pro- 
cedure then in force in Cuba, and who further say that the}^ were 
not inliuenced or interfered with by General Wood or anybody 
else in the conduct of that trial. 

On this point attention is also called to what was said l)v Secre- 
tar}' Root. He says in his testimony, at page TT3, record, that he 
concurs fully in the statement by General Wood: 

"That every effort was made to give ]Mr. Kathl)one an absolutely 
fair trial, and I declare that, to the best of my knowledge and belief, 
he did have such a trial; that he was given every opportunity to 
prepare his defense; that he was defencTed by the al)!est law3"ers in 
the island; that no influence whatever, directlv or indirectly, was used 
to influence in any way the judgment of the court or affect its per- 
sonnel. The conviction was based mostly on the documentary evi- 
dence, some of which at the present time is in the archives of the 
military governor, etc."" 

THE JAI ALAI GIFTS. 

The third charge made by Mr. Rathlione is as follows: 

3. With accepting gifts fron\ an organization commonly known as 
Jai Alai, to which he had granted a ten years' exclusive concession, 
the same 'heing a violation of the so-called Foraker law, which pro- 
hibited the granting of franchises or concessions during the occupation 
of the island by the American authorities. The acceptance of these 
g-ifts constitutes a violation of article oOT of the Penal Code of Cuba, 

In the mere fact that General Wood accepted gifts from the Jai 
Alai Society, or from others, there is nothing- to be criticised. It 
is simply in each instance a matter of taste, and the committee 
fully agreed with the Secretary of War, who, with respect to the 
presents made to General Wood bv the Jai Alai Society at the 
time when General Wood left Cu})a, and which are the subject of 
this charge, said, at page 79 of the record: 

War Department. 

Wa.^Juit<jto)i^ 2fnrch 23, 1903. 

«■ % -x- -j:- v;- * •:• 

The ''Jai Alai'- Company, referred to in the charges, maintained a 
court in which a game is played, somewhat similar to our game of 
racket, and in which the Culmn people are interested, much as our 
people are interested in the game of baseball. The company included 
many of the best citizens of Habana, and the gift to General Wood, 
which was made at the time of his departure froi.i the island, had no 
relation Avhatever to any official action of his affecting the company, 
but was a part of the general expression of gratitucle by the Cuban 
people toward the representative of the United States for the just and 
})eneffcent government through which the establishment of the Repub- 
lic of Cuba had been accomplished, and the chief credit of which was 



28 CONFIRMATION OF LEONARD WOOD. 

due to General Wood, To have refu^sed this and other^ifts made at 
the same time would have been diseourteous, injurious, and unjusti- 
iiable. The treatment of the oift at the custom-house was strictly in 
accordance with law and official propriety. 
The charg-es have no justitication. 

Elihu Root, 

Seci'ddfij of War. 

The charge was serious, and it was proper to hear testimony with 
respect to it at great length as the connnittee did, only because it 
carried with it the insinuation that General Wood had granted a 
concession to the Jai Alai Society as set forth in the charge in 
consideration of the gifts referred to — in short, that he had been 
guilty of corrui)tion in the matter. There is no testimony what- 
soev^er that supports any such insinuation. On the contrary the 
testimony, facts, and circumstances are of such character as to 
warrant the statement that such an insinuation is but a baseless 
slander. 

In the first place, aside from the failure of the testimony to 
support any such insinuation, the evidence affirmatively refutes it. 
The record shows that General Wood did not grant any concession 
to the Jai Alai Society of any character whatsoever, and that con- 
sequentlv, to begin with, there was no basis for any such charge. 
The Jai Alai Society was duly organized under the laws of Cuba, 
and secured a grant of its concessions from the municipal authori- 
ties of Ha])ana, with the approval of the civil governor of Habana, 
and never secured any concessions or rights whatever from General 
Wood as military governor or otherwise. Only two questions with 
i-espect to it w^ere ever presented to him. One was as to whether 
or not the city of Habana had a right to lease certain ground it 
owned to the Jai Alai Society, on which it desired to erect and 
maintain its court. 

The Judge-Advocate General was of the opinion that such a lease 
would ])e in contravention of the law prohibiting the granting of 
franchises during our occupation of Cuba. The vSecretary of War. 
to whom the question was referred by General Wood, ludd that it 
was not in violation of that provision of law for the city of 
Habana to lease its own property, and directed Geneial Wood to 
approve the lease that was made. Subsequently. April ::2(i, 1902, 
shortly prior to the termination of our occupation of Cuba, the 
fJai Alai Society addressed a letter to General Wood as military 
governor, saying: 

''As the validity of the approval of the civil governor of the regu- 
lations of this bail game is being put in (Question to-day, we appeal to 
vou to dulv confirm the validitv thereof."' 



CONFIRMATION OB^ LEONARD WOOD. 29 

in answer to this appeal. General Wood, on May 7, 1902, by letter 
of his adjutant-general, addressed to the Jai Alai Society, in effect 
declined to make any order such as was requested, for the reason, as 
stated in such letter, that the riohts and concessions of the Jai Alai 
Societ}" had been approved — 

"■ by the civil governor of the Province of Habana, on the 31st day of 
January, 1900, after consvdtation ^vith and approval by the secretary 
of state and government and the secretary of justice, and the rights 
acquired b\" 3"our company are protected by the laws in force." 
(Page 504, record.) 

The Secretary of War, at the request of the conuiiittee, njade a 
statement in writing with respect to this whole matter, and submitted 
in connection therewith as exhibits all the correspondence and official 
communications on the subject. This communication from the Sec- 
retary^ of War appears at page 502 et seq. of the record. 

In addition to the foregoing statement the Secretary of War 
testified on this subject, as shown at page 779 et seq. of the record, 
as follows: 

Secretary Root. Does the committee desire anything from me on 
charge No. 3, in regard to his accepting gifts from an organization 
commonly know as the Jai Alai? 

The Chairman. I thiids; not, with regard to the gifts, unless you 
have some special personal knowledge. But in regard to the granting 
of the franchise 

Senator Teller. I wanted to ask him about the gifts. 

The Chairman. Very well. 

Secretary Root. All right. Senator. While Senator Teller is look- 
ing for what he is trying to find, I will call attention to the fact that 
there is in this charge an assumption which is not correct, namely, in 
the words '"to which he had granted a ten-years' exclusive concession, 
the same being a violation of the so-called Foraker law." General Wood 
never granted any concession. The city of Haluma, the common coun- 
cil of the city of Habana, had passed a resolution before the American 
occupation, I think in the year 189S, to lease certain city propertj', 
real estate, to a man who was proposing to put up a building for this 
game. The resolution remained in abcA'ance during the period of active 
hostilities up to the time of the change from Spain to the United 
States. At some time in 1900, I think, the contract under that reso- 
lution was made, and the rules and regulations under which the game 
was to be conducted were approved by the civil governor, and the 
man went on and formed a corporation and put up this Iniilding. As I 
understand it, he went to record his contract and lease, the ten years' 
lease, and the notary refused to record it because under the Spanish 
law a contract rehiring to the real property of a municipal corporation 
had to have the approval of the governor-general, and then they came 
to General Wood to get his approval of this transaction, which was, 
so far as the city of Habana was concerned, a completed transaction. 
The judge-advocate of the division was of the opinion — rendei'ed an 
opinion — that that could not l)e done because it was in violation of the 



30 CONFIRMATION OF LEONARD WOOD. 

Fo raker law. That was then referred to the War Dt^artnient. and 
Judge Maooon examined the subject and wrote an opinion to the con- 
trary, that it was not in viohition of the Foraker huv, ])eino' merely a 
disposition by the city of Hal)ana of its own property. That I dis- 
cussed with him very fully and I agreed with him and approved of the 
opinion, and it was forwarded to Genei'al Wood, and he approved the 
concession. 

* * -:5- -::• -;;- i> * 

Secretary Root. That was, so far as I know, the only thing Gen- 
eral Wood ever did in regard to the Jai Alai business, except to go 
there and play, which he did every day, unless you consider that a 
letter which was written by his adjutant-general shortly ])efore the 
turning over of the government was doing something. 

Senator Teller. I do, certainly. 

Secretary Root. I do not. Shortly before the government was turned 
over it appears that there was some question as to the validity of the 
regulations under which the game was conducted, and an application 
was made to the militar}^ governor to give his approval to the regula- 
tions, which, as I understand it. he did not do. Instead of that his 
adjutant-general wrote, under his direction, a letter to the president of 
the company saying that on examination of the record it appeared 
that the regulations had already been approved two years before in 
accordance with law, Iw the civil governor of Habana, after consulta- 
tion with the secretary of state of the government and the secretaiy of 
justice, and that they were protected by the law in force. 

Senator Algek. Mr. Secretary, may I ask you, has this game any- 
thing to do with gambling, or is the gambling the betting upon the 
game by outsiders? 

Secretary Root. The game has nothing to do with gamlding. It is 
not a gambling game any more than horse racing is a gam))ling game. 

Senator Algek. It is a game of racquets? 

Secretary Root. Yes; a game of skill, and one of the tinest that I 
ever saw." 

* -A- * -x- -x- -::- * 

Secretary Root. There is one other thing about it that I think 1 
ought to say. I had said that General Wood never did anything except 
approve the contract for lease, which he did under directions from the 
War Department, uidess you regarded the letter of the Adjutant- 
(renei-al, containing the statement of what was found on the examina- 
tion of the expediente in n^gard to the action taken two years l)efore by 
the civil government, as doing sometJiing. There was one other sub- 
ject — not something that General Wood did, l>ut something he did not 
do — which perhaps should be referred to. The General talked with 
me about the question as to whether the game should be interfered 
with on account of the pool-selling feature, and when I was in Habana 
on one occasion at least I went out and saw the game. I found there 
a game sonu^what similar to racket, or a game played in a long court — 
a game distinctly of skill — one of the most interesting and exciting 
gaiues of skill I have ever seen. I thiidv 3'ou have had a full descrip- 
tion of it, and 1 will not go into that. Pool tickets were being sold. 
I am not very familiar with the precise methods, any more than I am 
Avith the precise nu>thod of book-making on our races or with the old 



CONFIRMATION OF LEONARD WOOD. 31 

method that some years ago was practiced in this country called the 
French mutual pools. I judge it was more like that. But the game 
was not a gambling ganie; the betting on the game was an incident, 
just as the betting on horse races is an incident in our own countr}^ 
and the question was whether that betting should be stopped. 

We had already stopped lotteries, and I think you have here before 
you a lot of orders and papers connected with the suppression of lot- 
teries. We had also stopped bull tights; we had stopped cock lights, 
and we had been obliged to use very stringent measures in doing that. 
That was the great UK^thod of gambling — betting on cock lights — and 
it caused great dissatisfaction when it was stopped. The people had 
petitioned and request(Kl, and there was undoiibtedl}" among them a 
feeling that we were oppressive in oui imposing upon them a set of 
ideas that prevail among us and to which thev v.ere not accustomed. 
I felt pretty clear that we had gone as far in imposing upon those 
Spanish American people the ideas of a New England community as 
it was either wise or just we should do, in view of our temporary 
occupancy, and I said, with the conviction that it was right, that the 
game should not be interfered with. 

The game was lawful. It was in accordance with the laws existing 
in the island when our occupation commenced, and the laws had not 
been changed. I did not think it would be a wise thing for us to 
change those laws. Their laws prohibited games of chance. They 
did then, as tiiey do now — at all events, l^efore our occupation and 
through our occupation — prohibit games in which one player raises 
another; that is, the}' would prohibit the game of poker, which some 
gentlemen of my acquaintance think they play better than other gentle- 
men. But betting on a game of skill was lawful and always had been 
lawful there, and we did not change the law, and in my judgment it 
was not wise to change the law. That was the only thing we left to 
them in the way of a kind of amusement which they had been accus- 
tomed to. Of course. General Wood's interest in the game was as an 
athletic sport; he is an athlete 

Senator Foraker. In that connection, Mr. Secretar}', it has been tes- 
tihed here that there was a rumor down there that he was a stockholder 
in the Jai Alai corporation. Do 3'ou know anything about that? 
There is no testimony to that effect, except that there was a rumor to 
that effect. 

Senator Pettus. Oh, yes; there is testimony — that is, some man 
told somebody else that he had heard so. 

Senator Foraker. Yes. 

Secretary Root. I never heard it. I certainly do not believe it, and 
would not believe it without \'ery positive evidence. 

Senator Scott. My recollection of the laws of our State is that it is 
lawful for a man or a company of men to sell pools on horse races, but 
they have to get the right to clo that. Now, did General Wood grant 
anybody the exclusive right to sell those pools ^ 

Secretar}^ Root. I do not understand that he did; I do not know of 
his doing it. The only thing which could be considered as giving that 
right was the approval of the regulations, the rules, which governed 
the selling of these pools, bv the civil governor of Habana, which was 
in 19(X). 

Senator Scott. As I understand, the governor-general of the island 
would have to approve the acts of the civil governor, would he not;' 



32 COKFIKMATION OF LEONARD WOOD. 

Secretary Root. No. He had to approve the act;? oil»the civil g'ov- 
ernor — he had to approve the acts of municipality — in the disposition 
of real estate, and that Avas the question that came up to the War 
Department on the claim that the disposition of the real estate in the 
lease was a violation of the Foraker Act. But the rules, the regula- 
tions, which controlled, and, in controlling, authorized this pool sell- 
ing, never came before the military governor for action at all, and 
under the law it was not required to come before him. 

Senator Scott. I think I can make myself plainer, and then you 
will und(n-stand what I am trying to get at and perhaps can answer so 
that 1 will have a better answer to my question. I am a director of 
the fair association at home. Now, when we are g'oing to have our 
fall races a number of people come and they ask the exclusive right to 
sell pools for the time of the fair, and of course we give the conces- 
sion to the men who oti'er the most money for it. Now, do 3^ou know, 
or do you not, whether 'dny concessions were asked from General 
Wood for the exclusive privilege of selling pools on this game? 

Secretai'v Root. No; I feel quite certain there were not. There 
was in the lease that was the sul)iect of consideration that came up to 
the War Department an exclusive provision — that is, a provision that 
the lessee should have the exclusive right to build and maintain the 
game. That exclusive provision was stricken out l)y General Wood, 
and I understand that other people had the right to carry on the same 
kind of game. 1 think there was a private game there, but I am not 
positive about that. 

It seemed to me that it would be a little bit of hypocrisy to change 
their law and prohi))it them from doing what I knew was done in ever}^ 
State in the Union that I have l)een in in connection with horse races — 
what was done last week at Benning during the sessions of this com- 
mittee, and what is done in my State of New York at the races which 
are held under the direction of Mr. Whitney. Mr. Belmont, Mr. Keene, 
and other men of the highest character and standing. I did not think 
that we had any right, for the sake of making a record that would 
seem to be to our own advantage, to prohibit those people the things 
that are really allowed here. 

In view of this testimon}^ and these facts, it would seem not oidj^ 
that the testimon}^ does not sustain the third charge made b}^ Mr. 
Rathbone, but that there is no justilication whatever for such charge. 

THE RUNCIE ARTICLE. 

The fourth charge is as follows: 

I also charge him with complicity with another army officer in the 
preparation and publication of an article reflecting discreditably upon 
their ranking officer, in violation of an accepted canon of military 
service, and constituting an offense conmionly known as ''conduct 
unbecoming an officer and a gentleman." 

This relates to the so-called Runcie article, an article published 
in the North American Review for February, 1900, signed, 'M. E. 
Runcie." 

Runcie was a retired armv officer, who had l)een in Cuba serving in 



CONFIRM ATIOK OF LEONARD WOOD. 33 

the capacit}' of volunteer aid or assistant to General Wood without 
pay or compensation. 

Runcie's rank in the Regular Army was that of lieutenant, but he 
had served during the Spanish-American war as major of a volunteer 
Ohio regiment of cavalry. 

General Wood and Major Runcie had long been acquaintances and 
friends. 

During the month of October, 1899, Mr. Ray Stannard Baker, rep 
resenting McClure's Monthly Magazine, arrived at Santiago with 
letters of introduction to General Wood, whom he informed that he 
had come to Cuba for the purpose, primarily, of writing an article 
about General Wood, to be one of a series of articles on men promi- 
nently identified with the Spanish-American war, which he had been 
commissioned to write for publication in McClure's Magazine. 

Mr. Baker wanted data for such an article. General Wood there- 
upon introduced him to Major Runcie, with a request to Major Runcie 
that he would give Mr. Baker such information as he desired, as he 
had done with other correspondents (p. 146-148, record.) 

Mr. Baker obtained his information, wrote his article, and pub- 
lished it in McClure's Magazine for February, 1900, as shown at page 
438 of the record. 

Runcie's article published in the North American Review for Feb- 
ruar}^, 1900, is found in the record at page 80. It was entitled 
""American misgovernment of Cuba," and severely criticised the 
administration of General Brooke, who was then in command of the 
Division of Cuba. 

When the article appeared Major Runcie claimed to be greatly 
surprised that it should have been published over his name, and 
charged that Mr. Baker had violated a promise not to allow it to be 
so published. 

It developed later that when Major Runcie prepared his article he 

forwarded it to Mr. Baker by letter, of which the following is a 

copy: 

Santiago de (vUba, Novemher ^6", 1^99. 

My Dear Baker: Use this in any way you think tit — in any publi- 
cation, preferably Harpers Weekly — but don't put my name to it 
unless you think it necessary. I have had hard work to keep within 
bounds of space and temper, for it would have been much easier to 
dictate a volume than to write these few pages. You can cut it as 
you like, and 3^ou can call me a special correspondent or any other 
hard name, but now is the time to print this where it will be read. 
Things here have recent!}^ been even worse than when you were here, 
but there seems to be a dawning light around Washington, and it may 
be the beginning of a better day for Wood, as well as Cuba. 

Commend me kindly to Frank Norris when you see him, and believe 
me alwaj^s, . 

Faithfully yours, J. E. Runcie. 



34 CONFIEMATION OF LEONARD WOOD. 

The pii])lication of this letter was brought about %y an attack 
made in the New York Evening- Post upon Mr. Baker, charging 
him with having published Major Runcie's article over Major 
Kuncie's name, in violation of his promise to the contrar3\ 

This publication occurred on Saturday, March 10, 1900, and the 
publication of Kuncie's letter bj^ Baker, in his defense, as his 
authority for publishing the article over Runcie's name, followed a 
few days later. 

Following the publication of Runcie's article in the North Ameri- 
can Review, General Wood, accepting the assurances of Runcie that 
Baker had published the article in violation of his promise, wrote to 
the Secretary of War February 8, 1900, page 119 of the record, and 
again February 25, 1900, page 150 of the record, stating that he was 
assured by Major Runcie that the article had not been written for 
publication over his name, bu.t merely as a compilation of data which 
Mr. Baker was at liberty to use in articles of his own. 

In his letter to the Secretarv of War of February 25, 1900, 
General Wood inclosed another letter addressed to the President (see 
p. 151 of the record) which purported to be a complete statement 
of all his knowledge with respect to Major Runcie's article. 

In this letter General Wood set forth to the President at length the 
relations existing between Major Runcie and himself prior to his 
services in Cuba, and also their relations there, and the services which 
Major Runcie had been rendering. 

He further says in this letter: 

Major Runcie informs me that the publication of this article was an 
entire surprise to him. I had never seen or heard of it until 1 saw it 
in the North American Review. Major Runcie also states positively, 
and without reservation whatever, that the publication of the article 
was an entire breach of confidence on the part of Mr, Baker, and he 
regrets it as sincerely as anyone can, because it looks very much like 
an attack on General Brooke, who is no longer in Cuba, and who has 
been subjected to a great deal of this sort of thing. 

Then, after referring to Mr. Baker's visit to Santiago, in October, 
1899, he proceeded, as follows: 

There he (Baker) met Mr. Runcie and discussed matters pretty 
freely with him. When Mr. Baker left, Mr. Runcie informs me, he 
requested a statement of Mr. Runcie's opinion, etc., upon the con- 
dition of affairs in Cul)a. This, Mr. Runcie tells me, was sent him 
with the distinct understanding that it was under no circumstances to 
be published, either in whole or in part, but was simpl}" for Mr. 
Baker's personal information. 

On m}' return from a recent trip through the island the article was 
brought to my attention; this was about the 5th or 6th of Februar3\ 
I immediatcl}" wrote the Secretary of War on the subject (see letter 
of February 8, 1900, p. 149, Record), stating circumstance. Mr. 
Runcie came to me ver}* frankl}' and stated his surprise and indigna- 



CONFIRMATION OF LEONARD WOOD. 35 

tion at the article having been published, realizing all it would subject 
him to and the false position it would place him in. He has volun- 
tarih' severed his connection with all commissions and leaves for the 
United States as soon as he can close his affairs. 

It is a painful and i-egrettable incident in which a man writing as 
frankly as he would speak has had his confidence abused and himself 
put in an entirely false position, which it is impossible to satisfactorily 
explain to anj-one. He has felt, as I have, that many people would 
be unjust enough to assign as a motive his desire to assist me at the 
expense of General Brooke. There is absolutely nothing in any such 
statement. (Page 151, record.) 

As soon as publication was made of Runcie's letter to Baker, 
dated November 2r), 1899, authorizing the publication of his article 
over his name, if Mr. Baker thought that necessary (p. 152, record), 
and General Wood learned of the same, he wired the Secretary 
of War, under date of March 21, as follows: 

Recall all said in Runcie case about abuse of confidence, etc. * * * 

He followed this telegram with the letter of March 22, 1900, to 
the same general effect (p. 153, record), but on the preceding 
day, March 21, 1900, Major Runcie wrote General Wood the 
letter published at page 154 of the record; in which he under- 
takes to explain why his express written authorit}^ to Mr. Baker 
to publish his article over his name if he, Mr. Baker, should 
"think it necessary" was not what on its face it purported to be, 
but only an authority to Mr. Baker to disclose his, Runcie's, name, 
to the publisher of the article, whoever that might be. 

It is not necessary to comment on this letter except to say that 
to any unbiased mind the explanation or defense which he thus 
undertakes to make does not sustain his contention, but leaves the 
authority of Mr. Baker given by Major Runcie's letter of November 
26, 1899, unaffected. 

In brief it seems clear that Major Runcie wrote the article in 
question, signed his name to it, and forwarded it to Mr. Baker, 
with authority to have it published, and if he, Mr. Baker, thought 
it necessary, to publish it over his name. The article as prepared 
and published bears evidence of this fact, aside from the specific 
instructions Runcie gave in his letter of transmittal to Baker. 

The only question left is whether or not General Wood made a 
truthful statement to the President when he said in his letter of 
February 25, as above quoted, and to others on other occasions, 
that he had no knowledge of the letter prior to its publication. 

There is some conflict in the testimony on this point, but very 
little. Major Runcie testifies that he and General Wood and Mr. 
Baker dined together immediately after Mr. Baker's arrival at San- 
tiago, and that on that occasion such an article was talked about, 
and it was decided that Runcie should prepare it. 



36 CONFIRMATION OF LEONARD WOOD. 

Mr. Baker and General "Wood both say that no sifch article was 
talked about on that occasion or on any other occasion when all three 
were present, and that no agreement was made or even mentioned 
that Riincie was to prepare any such article for publication. (See 
Baker's letter, p. 144, record.) 

Mr. Baker says that then and subsequent to that occasion, in con- 
versations he had with Major Runcie alone, the general subject-matter 
of some article on conditions in Cuba was discussed, and that Major 
Runcie on one occasion "suggested himself that he would like to 
write the truth about conditions, etc." (p. 422), but that he did not 
expect him to do so, and was surprised when he received the article 
(p. 432, record). He further states that until he receiv^ed the article 
he did not know, except in the most general way, what Major Runcie 
would write, if he saw lit to prepare such an article, and that he 
had no other relation to the article than to simpl}^ receive it, secure 
for Major Runcie, as a friendly service to him, a publication of it 
in the North American Review, and collect for Major Runcie, and 
send it to him, the sum of $35 as payment for the article (p. 432, 
record). 

Mr. Baker fully corroborates General Wood in all General Wood 
says as to the character of their conversation on the occasion when 
Major Runcie says the article was inspired (pp. 423-424-425-426, 
et seq.). 

If, therefore, this were all the testimony there would be two 
witnesses, General Wood and Mr. Baker, both entirely credible, 
against Major Runcie, who is certainly discredited in the first place, 
by his claim that Mr. Baker published the article over his name 
in violation of his promise not to do so in view of the contradic- 
tion thereof by Major Runcie's letter of transmittal. 

But Major Runcie admits on his cross-examination that he pre- 
pared his article while General Wood was absent from Santiago, 
and that he forwarded it to Mr. Baker without having ever shown 
it to General Wood, and without having ever told General Wood 
of the nature of it. 

The only conversation that he claims to have had with General 
Wood in regard to the article before its pu])lication, except when 
General Wood and Baker and he dined together, is stated at page 
136 of the record, where he sa3's that after he had written and 
sent off the article General Wood one day asked him whether he 
had ever written that article, and he told him he had. This is 
contradicted by General Wood's statement. But General Wood 
says (page 147, record) that after he prepared his letter " written 
after a full discussion with Runcie," etc., to the President, of 
February 25, 1900, he read it to Major Runcie, and asked him 
whether or not his statements were correct, and that Major Runcie 



CONFIEMATION OF LEONARD WOOD. 37 

said they were. Major Runcie admits that he read him the letter, 
but says that he neither assented nor dissented to the same, 
although he knew that it was addressed to the President and that 
b}^ allowing- incorrect statements, if they were incorrect, to go 
uncontradicted and with the statement that he approved them, he 
would thereby be aiding to mislead and impose on the President. 

For this reason, added to the fact that according to his own 
statement he was willing to attack General Brooke anonymously or 
through Mr. Baker, which was neither a manly nor a soldierly act, 
coupled with his denial of Baker's right to publish his article over 
his own name in plain contradiction of his letter to Baker, the 
committee were of the opinion that in so far as there was any conflict 
they should accept the statements of General Wood and Mr. Baker 
rather than those of Major Runcie. For these reasons, the com- 
mittee concluded that the so-called Runcie article was prepared and 
published in the manner shown without knowledge or approval on 
the part of General Wood as to its chai'acter, and that he was not 
guilt}' of an}^ misstatements or misrepresentation in connection there- 
with. (See Genera] Wood's statement of the whole matter, with 
letters attached; p. 146 et. seq., record.) 

The fifth charge is as follows: 

5. I charge him with directing and causing the auditor of Cuba, by 
a military order, to violate the law in the treatment of accounts. 

There is absolutel}" no testimony whatever to warrant the making 
of such a charge, and we dismiss the matter from further consid- 
eration with simply referring to the testimony of the Secretary of 
War in answer to this charge, at page 855, etc., record, 

CAPTAIN BELLAIRS. 

The sixth charge is as follows: 

6. I charge him with utilizing the services of an ex-convict with 
whom he was in intimate personal association in an efl'ort to displace 
his superior officer, and b}- such means to secure to himself the 
vacancy' thus created. 

This charge, in view of the testimony, seems to be only a spiteful 
and malicious declaration, made without excuse of any kind, in a 
spirit of revenge and wanton villification. It refers to Captain 
Bellairs, as he was known. He was the representative of the 
Associated Press at Santiago from September, 1898, until June, 
1899, when he was transferred to Habana, where he continued as 
such representative until July 14, 1900, when he was sent by the 
Associated Press as its representative to China. 

The testimony shows that General Wood had nothing whatever 
to do with his employment by the Associated Press, or with his 
assignment to duty at Santiago, or with his transfer from there to 



38 COJSrFIEMATION OF LEONAKD WOOD. 

Habana, or with his transfer from Habana to Chin§, or with his 
continuance in the employment of the Associated Press at any time 
while he was in Cuba, or with an}" of his services or writings 
while so acting as its representative. 

Mr. Diehl, assistant superintendent of the Associated Press, 
testifies, at page 479 of the record, how he came to know and to 
employ Bellairs; and, at page -iST, that General Wood had nothing- 
to do therewith or with any of his various assignments to dut3^ 

It is the testimony of all the witnesses that, both at Santiago and 
at Habana, Bellairs was received in the best society; that he had 
the entree to all the clubs, and that he was on terms of familiar 
acquaintance with all the Army and other officials, and that during 
his stay in Habana he occupied rpoms in the same house with 
General Ludlow, who was then the civil governor of Habana; in 
short, that while during all this period he apparently enjoyed the 
confidence and friendship of General Wood, yet he also at the 
same time enjoA^ed the confidence and friendship of all the other 
officials with whom his duties, as the representative of the Associ- 
ated Press, brought him in contact. 

After he was sent to China rumors and stories began to circulate 
to the effect that he was an impostor; that he was guilty of immoral 
practices, and that he was an ex-convict who had served a term in 
the penitentiary of the State of Florida. It was thought by Mr. 
M. E. Stone, general manager of the Associated Press, and by 
Mr. Charles S. Diehl, assistant general manager, when they first 
appeared before the committee, that these stories were circulated and 
brought to their knowledge and to the knowledge of General Wood 
early in 1900, before Bellairs was transferred to China, and the}' so 
testified; but later Mr. Diehl reappeared and testified (at page 600, 
et seq., of the record) that they had examined their letter files and 
records and had learned therefrom that they were mistaken in regard 
to the dates they had given in that respect, and that they never heard 
anything derogator}" of Bellairs until after he had been gone from 
Cuba to China some two or three months. 

A Mr. Charles E. Fisher testified to the same general eft'ect (p. 
608 ,et seq. of the record), viz, that he had heard bad stories about 
Bellairs before he left Cuba, but was shown to have been mistaken 
by the testimony of Mr. J. O. La Fontisee, from whom he stated that 
he got his first information, who sa^^s (at p. (581-682 et seq. of the 
record) that it was in September when he first talked with Mr. Fisher 
on the subject, or two months or more after the transfer of Bellairs 
to China. Mr. La Fontisee testifies that he had lived in Florida 
for some 3'ears before he went to Cuba, and that he had heard 
the stories mentioned about Bellairs before Bellairs left Cuba, 



CONFIRM AT ION OF LEONARD WOOD. 39 

and that ho at one time — in June, 1900, he thinks — told General 
Wood about them (p. 683, record). 

In view of the fact that General Wood states that he never heard 
of the stories until after Bellairs left Cuba, and in view of the 
further fact that, according to the testimon}^ of everyone, Bellairs's 
social standing- was unquestioned until he left there, and in view 
of the further fact that Mr. Stone and Mr. Diehl, both men of 
the highest intelligence, and both interested as responsible for the 
emplo3nnent of Bellairs, found themselves mistaken and under neces- 
sity to correct their testimony as to dates and to admit that they 
had never heard anything to the prejudice of Bellaires until after 
they had sent him to China, and that until after they had sent him 
to China General Wood had never spoken to either of them in regard 
to Bellairs (p. 605), it is tolerably safe to assume that Mr. La Fontisee 
was mistaken as to his dates, as Stone, Diehl, and others were, and 
that neither he nor General Wood nor anybocl}' else ever heard 
anything to the prejudice of Bellairs until after he was transferred 
to China, when all heard the stories that then became current. 

So that in so far as General Wood may have ''associated" with 
Bellairs while he was in Cuba, he did not associate with him with 
an3' knowledge that he was other than an honorable man worthy of 
the position he held, and as such entitled to all the courtesies and 
consideration shown him. 

But whether this is true or not does not matter, since no proof 
has been ottered — much less given — that General Wood ever "utilized 
the services" of Bellairs in an}" way, or to any extent whatever, on 
any account, or for an}" purpose, good, bad, or indiiferent. 

Not one line of the writings of Bellairs during the whole period of 
his stay in Cuba has been put in evidence, or called to the atten- 
tion of the committee, and not an act of his of any kind has been 
testified about, and not a word spoken b}- him of any nature, 
whether kind or unkind, to General Wood or his superiors in 
ofiice, has been testitied about by an}" witness. It seems to have been 
thought sufficient by those opposing confirmation to support this 
charge to show that Bellairs was a man of previous bad char- 
acter and that he was upon friendly relations with General Wood, 
as well as everybody else, while in Cuba, and that, w"lien finally 
the truth came to light. General Wood was slow to believe — as 
all others appear to have been — that such an imposition had been 
practiced. 

On this point Mr. Diehl says, at page 491 of the record: 

I thought there was a great mistake made about this man; he bad 
such excellent credentials in Key West, from either Henry Villard or 
his son, and also credentials from the British ministry and from the 



40 CONFIKMATION OF LEONARD WOOD. 

Evening- Post and the London Standard. In view of tl^se credentials 
when they said he was a criminal 1 thought it was impossible. 

There is no view of the testimon}^ that makes it amount to more 
than this, and it might, with quite as much propriety, be said that 
Mr. Stone and Mr. Diehl — men of the highest capacity and best 
qualilications for their respective positions — should be held, in view 
of their responsibilities, unworth}' to longer fill their places, because 
they suffered themselves to be imposed upon, as that General 
Wood is unworth}^ of promotion because, in common with every- 
bod}'^ else, he was imposed upon by a man whom they held out, 
bjT^ virtue of the position they gave him, as worthy of credence 
and respect; a position that was rightlj' regarded in that case, as 
in all others, as a certificate of good character, such as would be 
deemed sufiicient to disarm suspicion even if circumstances, short 
of positive proof, should arouse it; or that General Wood should 
be denied confirmation because while in Cuba, and before their 
frauds were discovered, he maintained friendly relations with 
Neelj^, Keeves, Rathbone, and others. 

THE CASTANEDA CONCESSION . 

An efiort was also made to show that General Wood had improp- 
erl3% if not corrupt! 3% granted what is spoken of in the Record as 
the Castaneda concession. This is completely explained and refuted 
by Secretary Root in his testimony at page 800 et seq. of the 
Record, wdiere he states as follows: 

Senator Teller. Mr. Secretary, there has been a good deal of 
newspaper talk about wdiat is called the Castaneda concession. What 
do you say about that; was that grant under the direction of the 
Department ? 

Secretary Root. No; there were two Castaneda concessions. 

Senator Teller. Granted by General Wood^ 

Secretar}^ Root. Neither of them. One was a concession granted 
after the signing of the protocol just before the American occupation, 
and belonged to a class of concessions that we were not supposed to be 
friendly to. We felt that there had been a lot of concessions given by 
some Spanish oflicers just l^efore thev went away that they had no 
right to give. That concession was condemned by General Wood. 
He declared it invalid. In some form I think the order is in your 
record, that there was a concession similar in character to this gas 
business, lighting business, which was granted in 1804. Regarding 
that, General Wood made an order which was in a form prepared here 
and sent to Cuba with instructions to make it in all similar cases. I 
do not want to bore you or take up the record, but to be intelligible 
1 will have to explain it. 

There was a serious difiiculty about the acts of the military governor, 
arising from the fact that he had legislative and judicial and executive 
powers, and an attempt b}- him to regulate the exercise of a franchise 
or concession might well be deemed to confer a franchise or concession; 



CONFIRMATION OF LEONARD WOOD. 41 

that is, while he was trying to act as a street commissioner to regu- 
late a gas compan}' in the exercise of a franchise, the permit that he 
gave might be construed as being a legislative act which conferred a 
franchise. The question came up in a case relative to the canalization 
of the Matadares Creek, a creek running in near the harbor of Habana, 
and there was a great deal of trouble and discussion about that, and 
finalh' we prepared a direction giving the precise form that General 
Wood was to use, directing that when he considered a concession 
Avas in violation of the rights of the United States he was to sav that 
the United States objected to it, and declare it void for that reason. 
When he found that a concession was not in violation of the rights of 
the United States — that is to sa}^, like this made back in 1894 — he was 
not to say it is a good concession, but he was to say the United States 
did not object to it, and the question whether it was good under the 
laws of Spain was to be determined in the courts. Now, General 
Wood made an order of that kind regarding the 1894 Castaneda 
concession. 

Senator Teller. AVhat did he say — the Government has not any 
objection to it^ 

Secretary Root. Yes. You have it in your record there. 

Senator Foraker. It is all in the record. 

Secretary Root. He followed exactly the form he had been instructed 
to follow in such cases; that is, the 1898 concession, the one made after 
the protocol, he objected to as a matter of public policy of the United 
States. The 1894 concession, made when Spain had its full rights, he 
said, we have no objection to, but the question of whether it is in con- 
formity to the laws of Spain is, however, to be left to the courts. 
SuUsequentlv t)ie Castaneda people, or whoever owned the concession, 
being about to exercise their rights under the concession, applied for 
liberty to do it. and the local authorities prescribed a set of rules, 
regulations, for the exercise of this right, describing how the wires 
should be laid. I think thej^ required them to be put underground 
instead of overhead, or something of that kind. General Wood 
approved of those regulations — quite a proper thing if he had been 
merely connnissioner of public works or a street commissioner. Upon 
his doing that the existing company which was lighting the streets — 
the Spanish- American Light and Power Company, or some such title — 
came to me and said, " This permit here is in such form that it not onh^ 
regidates the exei'cise of the rights previously existing but it amounts 
to conferring a new right, and will cut us otf from testing preexisting 
rights in the courts, as we intend to do;" and accordingly I ordered 
General Wood to revoke his approval of those regulations, reinstating 
the original order, and he did so. 

Senator Teller. Was his order that he made b^^ direction of you . 
or 

Secretary Root. The original order was by direction from me. 
This second one Avas not, and I directed him to revoke it. 

Senator Teller. And it was revoked;* 

Secretary Root. It was revoked. 

Senator Teller. Was anything done subsequent to that? 

Secretary Root. No. 

Senator Foraker. Now. the effect of all that is, as 1 understand this 
record and your testimony, that in 1894 a franchise was granted 

Senator Teller. I think the Secretary has made it very plain. 



42 CONFIRMATION OF LEONARD WOOD. 

Senator Foraker. I want to see it' I understand it, if 3'ou have no 
objection. * 

Senator Teller. Very well. 

Senator Foraker (continuing). Which General Wood found, under 
your instructions, to be one that the United States did not object to? 

Secretary Root. Yes. 

Senator Foraker. Thereupon the owners of that franchise applied 
to the nuinicipal authorities for a permit to go upon the streets and 
string their wires ? 

Secretary Root. Yes. 

Senator Foraker. And the local authorities, conceding their right 
to use wires, adopted a code of regulations which prescribed the}^ 
should, instead of going overhead, go underground? 

Secretary Root. Yes. 

Senator Foraker. And that General Wood approved? 

Secretary Root. Yes. 

Senator Foraker. And it was that that you revoked; but you left 
the right of the franchise, granted in 1S94, to be tested in the courts, 
as General Wood had originalh' ordered? 

Secretary Root. Yes, sir. 

Senator Foraker. General Wood made his order approving those 
regulations, if I understand this record, upon the advice of the secre- 
tary of justice and his legal advisers in Habana? 

Secretary Root. He did. 

Senator Foraker. That it was nothing more than a restriction as to 
the mode of use of the streets under a franchise which had been found 
to have been granted prior to our occupation? 

Secretary Root. Yes; I think I ought to show perhaps that the dis- 
tinction is a prett}^ fine one, and it is not at all surprising that anyone 
who has not been pretty familiar with street railway and gas company 
laws should not appreciate it. 

Senator Forakp:r. Yes; the question was one about which lawyers 
might ver}" well differ. 

Secretary Root. And the}' do. 

Senator Foraker. They do — yes. 

Secretary Root. My opinion about it was pretty clear. 

Senator Foraker. The}' are remitted to the courts in the order 
General Wood made, as to the validity of the fninchise under which 
they were operating? 

Secretary Root. Yes. 

Senator Foraker. That is enough on that, 1 suppose. 

In addition to the foregoing statement by the Secretary of \A^ir, 
we call attention to pages 533-589 of the record, where will l)e found 
a formal statement from the Secretary of War in regard to the 
so-called Castaneda concessions, with all the correspondence, opin- 
ions, and official documents relating thereto attached. 

CHARGES OF MR. A. E. FRYE. 

In addition to all the foregoing, it was testified by Mr. A. E. I rye, 
who for a time acted as superintendent of schools in the island of Cuba, 
that he was appointed to that position by General Brooke in 1890; that 



CONFIKMATION OF LEONARD WOOD. 43 

he prepared a general school law, creating- and regulating a school 
system, providing for the emplo^'^ment of teachers, fixing their salaries, 
etc., which was promulgated by General Brooke in December, 1899, 
a few days before General Wood became military governor of 
the island; that according to his law teachers were paid salaries 
ranging from $75 per month down to $50 per month, and in 
some cases less salaries, according to the number of pupils a 
teacher might have; that in the summer of 1900 he made arrangements 
for the instruction of Cuban teachers, who might desire to take advan- 
tage of such an opportunity, at Harvard University, Cambridge, 
Mass.; that just before he left with these teachers for Cambridge 
he learned that General Wood was having a new school law pre- 
pared, which he was intending at an early date to promulgate as a 
substitute for the Frye law, and that b}^ the law which General 
Wood was intending thus to put into force the salaries of teachers 
were to be reduced; that he appealed to General Wood not to put 
such a law into effect; that notwithstanding his appeal, while he 
was at Cambridge with his Cuban school teachers, the newspapers 
announced that the Wood law had been officially promulgated; 
that in consequence there was great disappointment and general 
bad feeling among the teachers; that this occurred in the latter 
part of Jul}', 1900; that at this time General Wood returned from 
Cuba to the United States, and, learning of the disappointment 
and irritation occasioned b}' the promulgation of his law, wired 
Mr. Frye at Harvard Universit}^ as follows: 

New York, July ^4, 1900. 
Mr. Frye, 

Harrard University^ Camhridge.^ Mass.: 

Inform teachers no cut in salary. Error in print. 

L. Wood. 

(Page 704 of the record.) 

That the following day General Wood came to Cambridge, and 
in an address to the Cuban teachers, in the presence of Mr. Frye, 
President Eliot, of Harvard University, and others, made statements 
which were in part stenographically reported and put in evidence 
by Mr. Frj^e, to the effect that there would be no reduction of 
salaries; that the printing of the new law in the official gazette was 
a mistake or an error of some kind, and that he had telegraphed 
immediatel}^ on his arrival at New York in regard to it; that the 
teachers could be reassured, etc., page 706 et seq. of the record; all 
of which Mr. Fr3^e testified was false; that, in short. General Wood 
deliberately misrepresented to the Cuban teachers in his remarks to 
them at Cambridge what had been done by him with respect to a 
new law, and with respect to changes -^in their salaries, and in other 



44 CONFIKMATION OF LEONAKD WOOD. 

important respects. Mr. Frye complained in his testimony of Gen- 
eral ^\\)0(l in other particulars, charging- him with improper]}- inter- 
fering- with his duties as superintendent, to the prejudice of the 
schools, etc. 

It was developed on his cross-examination that Mr. Fr3'e had 
written the following letter to Secretary Root, found at page 740 of 
the record, which would seem to fully exonerate General Wood as to 
all his charg-es down to that date. 

Habana, Septeiiiber 26, 1900. 

Dear ]Mr. Root: Nearly two months ago I spoke with you about 
my work in Cuba. The time had come when 1 felt that this work must 
end. As I owe my position here to your own kind words written to 
General Brooke, it seemed to ])e my duty to speak with you before 
placing my resignation in the hands of the military governor. 

I told 3'ou I felt that the writing of a new school law for Cuba during 
\\\\ absence in the United States showed loss of confidence in me, and 
that of course without the confidence of General Wood 1 could not do 
mj' work. Knowing my motive in the work here, I felt hurt when 
that motive seemed to be dou])tcd and when it seemed as if I were no 
longer trusted, I could not then resign, l)ecause I had begun to organize 
the Harvard excui'sion. and that must go forward. %\\ mind dwelt 
with l)itter thought upon the seeming wrong, and I spoke harsh words 
of General Wood, not seeing that the greatest wrong of all was my own 
lack of frankness in not going to him for a manl}- talk. But weary 
months of doubt had tinged every thought, for it seemed as if the w^ork 
so dear to my heart must end. 

The whole trouble had begun over a slight thing that a few moments 
of frank talk would have cleared away, but I did not see it. Thus it 
went on growing and harsh words were spoken, with the effect, of 
course, of making matters worse. In this I did wrong: whatever the 
cause, those words ought never to have ])een spoken. 

Last Monday I went to General Wood with my Vvritten resignation 
in my pocket. I did not go in anger, nor in a spirit of reproach. The 
truth had dawned upon me that a slight cause that a few frank words 
would have removed had grown because of my own bitter words, and 
that these were the very cause of the growing distrust that I resented 
so keenly. The moment I saw the truth I saw also luy duty, namely, 
to go to General ^^'ood and tell him fraidvly hoAV I had felt, with the 
cause of the feeling, and repeat to him as nearly as possible the very 
words I had spoken; then to lay down my work and go back to my 
little home in California. There was not the slightest thought of any 
other outcome. There was no reservation. I wished for him to know 
at least that I had done this last duty fully myself. 

But as we talked frankly 1 began to see things in another light. I 
hope that General Wood did also. It was not the governor who was 
speaking, but the man. It was not the voice of one trying to crush 
out my work, but of one searching for light while bearijig a heavj' 
burden in the dark. Never before had I felt such a strong desire to 
help lift a V)urden. My schools, the teachers I love, the plans of weary 
hours, my motives, all passed before my mind. Could it be possible 
that such a work nuist stop because two men had misunderstood each 



CONFIRMATION OF LEONARD WOOD. 45 

other and had drifted apart? How small the tirst cause seemed, but 
how far we had drifted. 

It was l)eyond doubt the happiest moment of my life when General 
Wood said: "No, 1 do not want you to resign; the ])ast is behind us, 
and we will never recall it. From this moment there is contidence, 
and we will work tog-ether for the good of the schools." A single 
hour had cured the ill of half a year. 

When 1 went to the palace my onl}' thought was for the faithful 
teachers who have learned to trust me and who will go where I lead. 
The very thought of this contidence almost broke my heart, as I real- 
ized the long, bitter struggle through which I had at tirst passed in 
Cuba, and how hard I had worked to win the trust of the people — and 
now after all it could not be used for Cuba's good. I had set down 
for the task of the tirst year the winning of tbe trust of this little 
nation, well knowing that with such a lever — and with no other — the 
nation could be uplifted. But now all seemed to go for naught. 

But when I came from the palace I was doubly glad of the contidence 
of the Cubans. Not only could this be made a means of uplifting the 
schools, but I could place back of General Wood an army of bright, 
intelligent teachers scattered thi'ough every city, town, and village of 
the island. In these troubled political da3's, this means much. I could 
only turn this trust of the teachers where I mj^self trusted, and that 
is all I can do now; but I am trusting now where I did not then, and 
the etiect will soon be felt in nearly every home in Cuba. 

Thanks, then, to General Wood's manly and generous attitude, I 
shall go forward with the work doubly strong now in his contidence. 

Pardon this long letter, when I know you are so busy; but it was 
your tirst kind letter that gave me this chance to work with the Cubans. 
It has been your support that has given to Cuba the great vo3'age of 
enlightenment. Knowing of your deep interest in the school work of 
this little country, I thought you would be glad to learn that this work 
was not to be broken or changed at this time. Moreover, I had a duty 
to perform toward General Wood in telling you that I was wrong in 
ni}' judgment of him. With all my heart I can now stand back of him 
and giA'e every ounce of my strength in his support. 
Sincerely, \'ours, 



I have written President Eliot to the same effect. 

Mr. Frye testities that after this letter he continued in Cuba in 
the position he held until December, 1900, at which time he applied 
for a leave of absence, and during the time covered by the same 
tendered his resignation, which was accepted. He further testities 
that the letter which he wrote to the Secretary of War, speaking 
of the same, ''does not excuse him (Wood) for any lies he told or 
anything else." (Bottom of p. T^T, record.) And that subsequent 
to the law General Wood misled him and made misrepresentations 
to him, and tritled with him until it became impossible for him to 
render efiicient services, and that it was in consequence of this 
unfortunate condition of things that he resigned in the manner 
stated. 



46 CONFIRMATION OF LEONARD WOOD. 

Mr. Fiye's te^imony shows on its face that he is j^ii emotional, 
excitable, and unreliable witness, and that his charges and the infer- 
ences drawn by him from the statements and actions of General 
Wood were not onl}'^ not justified, but absurd and ridiculous. All 
that is stated b}^ him is so completely answered by Secretary Root, 
who was entireh' familiar vfith that trouble, as he appears to have 
been with every other occurring in Cuba during his administration 
of the War Office, that his testimon}' on that point is inserted in 
full, as a complete and sufficient answer to all Mr. Frye has said. 

Senator Foraker. * * * We had the superintendent of educa- 
tion of Cuba, Mr. Fr3'e, on the stand yesterday. I do not know 
whether you have seen his testimony or not. He arraigned General 
Wood for having promulgated on the 8()th daj^ of June, 1900, a new 
school law, if 1 may speak of it in that way, and said with respect to 
that law that it made changes in the prior law, among other things 
reducing the salaries allowed to teachers, and that General Wood 
immediately afterwards came up to Cambridge, Mass., where Mr. 
Frye was with a lot of Cuban teachers, taking some instruction there, 
and General Wood stated certain thing-s there with respect to this law 
which were not true, and among others — I am not trying to quote the 
exact language — he said that General Wood said that that law was not 
in effect, whereas Mr. Frye said that the truth was that the law was in 
effect. Will you tell us about that law!' I do not want to extend my 
question unnecessarily, but I have aimed to state just enough to direct 
your attention to the point. 

Secretary Root. Well, it is a fact that a new school law for Cuba 
was published under the date of June 30 in the Official Gazette. 

Senator Foraker. 1900? 

Secretary Root. 1900. 1 think it was not published for some little 
time after that. It was dated June 30. At the time — well down toward 
the middle of July — it was in fact published, but it was dated June 
30. That law provided for a reduction of salaries. The salaries 
under the existing school law which had been promulgated on the 6th 
of December, 1899, and had been drawn by Mr. Frye, as I understand, 
fixed the salaries at $65 in Habana. 

Senator Foraker. Seventy-five dollars, Mr. Fr^^e said. 

Secretary Root. Yes; $75 in Habana; |60 in the capitals of provinces 
and one or two places specified, Cienf uegos, and I have forgotten what 
others; $50 for complete schools in other places, and $30 for incom- 
plete schools — that is, a small number. The law dated June 30 reduced 
the salaries of $75 to $65 in Habana, and those of $60 to $50 in the 
capitals of provinces and specified places, and those of $50 to $40 in 
the ordinary places, and left the $30 salaries for incompleted schools 
the same. On the 24th of July I got a telegram from General Wood 
from New York saj'ing: 

Elihu Root, Secretary of War, Washington, D. C. No changes in teachers' salaries 
intended at present. Gazette order will be corrected in that particular. 

The same dav I got a telegram from him dated Boston, Mass.. July 
24, 1900, as follows: 

Elihu Root, Secretary of AVar, Washington, D. C. Have straightened out all 
misunderstandings about teachers. Nothing done to in any way change their status 
or pay. 



COJSTFIRMATION OF LP^ONARD WOOD. 47 

1 understood that the law of June 30 had been determined upon and 
signed and that General Wood had come to the conclusion to make 
some changes in it and had not intended to hav^e it published, but that 
it was published ])y mistake. I think you will lind in I\lr. Frye's testi- 
mon}', in his quotations from General Wood's remarks at Cambridge, 
that he says substantially that. He says: 

I do not know how the order was i^ubUshed in the Gazette — probably the incorrect 
order went in. 

He saj's: 

I telegraphed yesterday — I telegraphed innnediately abont it. The teachers here 
can therefore feel that there is going to be no change. 

As a matter of fact, immediatelj" upon General Wood's return to 
Habana, w^hich was a few days after this 

Senator Foraker. He sailed Jul}- 28. 

Secretary Root (continuing). Yes, this telegram was the 24th; he 
was at Harvard on the 25th and he sailed on the 28th, and on the 1st 
of x4-ugust the law was changed and was republished in the Gazette as 
school law No. 368, Habana, August 1, 1900. That in section TO con- 
tains the same salaries which were contained in the law of December 
6, 1899. That is to sa3% it did just what General Wood said he had 
already telegraphed to have done, and what he would do. 

Senator Scott. Let me call your attention to Mr. Frye's testimony 
on page 697: 

If the Cuban teachers away in the United States found that their salaries had been 
cut, and that the board of education, by whom they had been elected, had been 
removed, I knew that there would be a panic here, and it turned out exactly as I 
predicted. But General Wood assured me in the most emphatic terms before the 
sailing of the steamer that the teachers' salaries v.ould be reduced. 

Secretar}^ Root, Yes; he undoubtedly intended to reduce them. 
Senator Scott. The next is: 

Q. That they would be? — A. Yes, sir; that they would be reduced; that that mat- 
ter had been presented to him in the new law, and he had approved it; that the 
salaries would be cut. 

Secretary Root. Yes. 

Senator Scott. Then Mr. Frye introduced on the next page that 
telegram . 

Secretary Root. Yes; in which he says: 
Inform teachers no cut in salary. Error in print. 

Senator Scott. Yes, sir. 

Secretary Root. 1 suppose that that was an error in the printing; 
that he did not intend to have that law of Jitne 30 printed. That is 
what I understood to be the fact. 

Senator Scott. How do you put that all together, Mr. Secretary? 

Senator Teller. I can not understand it that wa}", Mr. Secretary. 

Senator Scott. How do you reconcile the two statements ? He said 
they would be cut, and then the telegram said: 

Inform teachers no cut in salary. 

Secretary Root. That is after he got up here. 
Senator Scott (reading): ''Error in print." 
Senator Quarles. He changed his mind. 
Secretary Root. Yes. 
Senator Scott. But, "Error in print?" 



48 CONFIRMATION OF LEONARD WOOD. 

Secretarv Root. When that act of June 80 was frameil he undoubt- 
edly intended to cut down the salaries. 

Senator Foraker. At that time i 

Secretarv Root. Yes, sir. After tliat he changed his mind and 
decided to leave them as the}" were. But this is to be said about that, 
that the salaries of teachers under that existing- law can be increased, 
but can not be decreased during their term of office, and these teachers 
were employed by the jeai% so that their salaries would not be affected 
until after the expiration of that year's term. 

Senator Forakp:r. Yes. 

Secretary Root. But still it seems to me quite simple. He intended 
to make a cut. and Mr. Frye went to him and fussed, and he did not 
yield to him then, but he subsequently changed his mind. 

Senator Scott. Do you know Mr. Frye personally? 

Secretary Root. Yes. 

Senator Scott. Is he a man of truth and veracity? 

Secretar}" Root. Mr. Frye is a man with some very admiral )le qual- 
ities, and I do not think he would intentionally tell an untruth. He is 
an exceedingly emotional man, as you can see in the letter that he wrote 
to me which you have in evidence here, and he is capable of being com- 
pletely carried away by a prepossession and thinking that everything 
is almost divine about somebody to whom his affections go and that 
everything is devilish on the part of some one against whom he has a 
prejudice. The extreme tone of his statements against General Wood 
at one time, and then in his favor in that letter to me, and then again 
on the other side here, would seem to indicate that. 

Senator Scott. As I understood him on the stand here, he offered, 
if we would receive them, to furnish us documentary evidence to 
prove all the statements that he made. 

Secretary Root. I don't know 

Senator Scott. He would not offer any documentary evidence, 1 
presume, that he at least did not think 

Senator Quarles. He did not offer any. 

Senator Scott. He had all those papers here, but it was said that 
it was not necessary to put them in, and we did not accept them: the}^ 
were so voluminous. 

Senator Foraker. He made this statement, that the law of June 30 
had been pronmlgated before General Wood came to Cambridge, and 
made these remarks from which you have quoted. 

Senator Scott. What page is that? 

Senator Foraker. I have not found it, Init it is there. 

Senator Scott. I thought maybe you were reading. 

Senator Foraker. What General Wood said about not reducing- 
those salaries; and that that law was then in effect, and he said that it 
had been in effect every minute since. 

Senator Quarles. That is what he said. 

Senator Foraker. It is in this record. 

Secretary Root. I do not believe that he meant to tell an untruth, 
but that certainly is not true. 

Senator Scott. Did he not say that he made a statement that the 
salaries would not be cut. when the law was in force and effect that 
did cut the salaries of the teachers? 

Senator Foraker. He did make that statement, and I understand 



CONFIRMATION OF LEONARD WOOD. 49 

the Secretaiy to say that it was not in effect and that General Wood 
promulgated another law which did not cut the salaries. 

Senator Teller. This was July 25, when he was here. 

Senator Foraker. Yes. 

Senator Teller. He had not promulgated it then. 

Senator Foraker. Yes; but he asserted that the old law, which 
would g-o into effect June 30, should not go into effect. He said that 
it was a mistake when it was printed, and he changed his mind. 

Senator Teller. You have not any evidence that the law had been 
changed ''( 

Senator Foraker. The Secretary has just stated that he telegraphed 
him that there would be no change. 

Senator Teller. That is after that? 

Senator Foraker. On the 24th he sent that telegram to the Secretary 
of War. 

Secretary Root. On the 24th he telegraphed: 

No change in teachers' salaries intended at present. Gazette order will be cor- 
rected in that particular. 

I assume that he had corrected it when he made this statement on the 
25th. The only thing that I observed in Mr. Frye's testimony was this 
about the salaries. It did not seem to have much substance. In view 
of the fact which Mr. Frye, I am bound to say, did not have the frank- 
ness to state to the committee, is the fact of this new law, of this 
change on the 1st of August. 

Senator Foraker. He did not exhibit that to the committee, and he 
left the committee under the impression that there was no such law as 
that. His statement was explicit that the law of June 30, as we call 
it for the sake of identification, had gone into effect. 

Senator Quarles. And that it had continued in effect. 

Senator Foraker. And that it has continued in effect ever since. 

Senator Scott. I think that we ought to be a little lenient with Mr. 
Frye. We did not give him a chance to put in his documentary evi- 
dence. He had such a pile of it, and it was rather distasteful to us to 
stay, and he offered to put that in and we did not want it, so that we 
really do not know what was in it. 

Senator Foraker. He did not offer to put in the law of August 1, 
and he certainly knew of such a law. 

Senator Teller. Who did? 

Senator Foraker. Mr. Frye. 

Senator Teller. There is no reason to suppose that he knew on 
July 25 

Senator Foraker. But he certainly knew when he was before this 
committee. He knew that the law w^as promulgated. 

Senator Teller. That has nothing to do with it. His charge against 
General Wood is simply a falsehood. That is all there is to it. 

Senator Foraker. Yes; but he says that law was at that time in 
force and effect. 

Senator Scott. On page 710 1 thought that I would make him come 
to the point, and his testimony was as follows: 

By Senator Scott: 
Q. Then, as I understand it, you testify to three facts — that you do not believe in 
his honesty or his truthfulness or his ability as an officer. Is that it? — A. Yes, sir. 
I have only presented a very small part of what I want to present 



50 CONFIRMATION OF LEONARD WOOD. 

Senator Forakek. But he kept on presenting- things. * 

Senator Scott. That is his testimony" at page 710. 

Secretary Root. I do not believe that we can deal with anything but 
what he did present. He did present the law of June 30, which before 
the 25th — before General Wood was at Harvard, as 1 understand it — 
he had already suspended from operation. At all events he had tele- 
graphed me so. 

Senator Foraker. Yes. 

Secretary Root. And as to that, also, on the 1st of August the new 
law superseded it. He also makes one other point that 1 see in his 
testimony against General Wood, which is that General Wood had 
said that the teachers should retain their places and not be turned out, 
and he complains that the teachers were turned out. 

Senator Teller. He explained a little more than that. General 
Wood said: 

This law does not really go into effect in its details until the election next year. 

Mr. Frye said that the law at that moment was in effect in all of its 
clauses at that time, although General Wood said that it did not go 
into effect until next year. 

Senator Foraker. Where do you read from '( 

Senator Teller. From page YOl. Now, it seems to me if General 
Wood had already modified that law he would have stated to Mr. Frye, 
or to the audience when he made this speech, that the law had been 
made, but they had wanted to change it and go back to the old law. 

Senator Foraker. It is possible that he did make that statement for 
aught that appears here, for Mr. Frye said that he reported onh^ in 
part the remarks that General Wood made. 

Senator Teller. I think if you will read what he said on page 701 
you will see that he did not do that. Of course you can not tell; it is 
not all here. 

Secretary Root. It is quite evident that the law that had been pub- 
lished was referred to, because Mr. Frye, at the end of page 700, says 
that General Wood said: 

I do not know how the order was i^ublished in the Gazette — probably the incorrect 
order went in. 

It is quite evident that the fact of the publication was known' and 
discussed. Then General Wood goes on to say: 

I telegraphed yesterday — I telegraphed immediately about it. 

Senator Tellp:r. He says that to you? 
Secretary Root. No, no; he said it at Harvard. 
Senator Teller. Oh ! 

Secretary Root. This is Mr. Frye's testimony as to-what General 
Wood said to them at Harvard. 
Senator Foraker. (Reading:) 

I telegraphed yesterday — I telegraphed immediately about it. 

Secretary Root. That is the same day that he telegraphed me? 

Senator Quarles. Yes. 

Secretary Root. So that it seems that General Wood had suspended 
the operation of that act of June 30, whicli reduced the salaries, before 
he spoke at Harvard, and when he went back he republished the law 
with those changes. 



CONFIRMATION OF LEONARD WOOD. 51 

Senator Foraker. Yes; on the 1st of August. He says: 

The teachers here can therefore feel that there is going to be no change. The 
examination will not take place till after December 1. Those who have been here 
will probably be taken right on on the record that they have made here. The one 
or two objectionable clauses in the school law which they do not understand they 
need not have any anxiety about. 

And he says at other places in his remarks that all will be put upon 
examination in December, and there will be no changes until then 
except for cause; and under the law of June 30, as promulgated, 
according to section 76 there could not be any reduction for the year 
for which the teacher had his appointment. 

Secretary Root. You will lind a number of provisions in the law 
which could not take eiiect immediately — prospective provisions — pro- 
visions relating to what the new board was to do in the future. 

Senator Scott. Would it not be well for us to go to the 1898 
accounts'^ It is getting so late, and we want you to tell us what you 
can sa}" about those-. 

Secretar}' Root. Yes; there is one other. Mr. Frye claimed that 
General Wood did not tell the truth because he said the teachers would 
not be removed, and they were removed. As a matter of fact they 
were removed and it was because it was found that there were very 
gross abuses — that there were schools where teachers were being paid 
wdiere the}" had practically no scholars at all. There were places where 
mulatto women had schools who were the mistresses of the mayors of 
the towns, and there were cases where the teachers had to receipt for 
their pay by making their mark, and there were schools where the 
teachers were of notoriously bad character; and a A^ery bad state of 
things was developed. Mr. Frye, who wrote me that letter in Sep- 
tember that you haxe, after a full explanation with General Wood, 
saying that General Wood was right and that he had been wrong, 
turned back to the idea that General W^ood was wrong and a bad man 
merely because — only after he had been superseded — because while 
Mr. Frye I believe to be an honest man and a good man, he certainly 
was not a good administrator, and he did not conduct the business of 
the educational department in Cuba in a way that it was possible to 
continue. 

Senator Scott. Did you say that he was relieved? I thought he 
testified that he tendered his resio-nation. 

Senator Teller. He said that he resigned. 

Senator Scott. That is what I thought. 

Senator Foraker. He said that he asked for a leave of absence and 
before that expired he tendered his resignation. 

Senator Teller. On page 737 he says that he tendered his resigna- 
tion. 

Senator Foraker. But he said that he determined to get out of there; 
that he was convinced that General Wood did not intend to keep cer- 
tain promises made to him at the time of the Secretary of War''s letter 
of the 21th of September, I think it was, as to changes in the school 
law; that by that law he was little more than a figurehead and had no 
control of his department. 

Secretary Root. I do not remember how he got out, technically. 
I know that we determined that we would have to get rid of Frye. 

Senator Foraker. Was what General Wood did in that behalf known 
to the W^ar Department and approved by it? 



52 CONFIRMATION OF LEONARD WOOD. 

Seci'etary Root. It was. 

Senator Foraker. That is all. 

The Chairman. Anythino- further on that i 

Senator Foraker. ISo, sir. 

CONDIT-SMITH CONTRACTS. 

It is shown that Mr. Condit-Smith, a brother-in-law of General 
Wood, was engaji'ed in Cuba, during the time General Wood was 
military governor, as a contractor bidding for and — when successful^ — - 
doing public work; and it is insinuated rather than charged that, 
through the influence of General Wood, he was favored wnth the 
award of contracts at extravagant prices, to the prejudice of the 
public interest and in derogation of the rights of other bidders. 

There is no testimon}- whatever to support the charge or insinua- 
tion. On the contrarj'^, so far as any favor being shown is concerned, 
just the opposite is established by the evidence. This is shown bj^ — 

1. Statement of General Wood, at page 66 of the record: 

Please send for First Lieut. William J. Barden, Corps of Engineers, 
now stationed either at Washington Barracks or at Chattanooga, Tenn. 
This officer was engineer officer of the city of Habana, and as such 
was the onl}' officer in Cuba who had any dealings with my brothers- 
in-law. He will tell j^ou what my instructions to him concerning them 
were. I can tell aou that they were to this effect: "That I was 
embarrassed by their presence there, but could not help it; and that I 
w^anted him to see to it that if they came before him as bidders on con- 
tracts for work, that he exercise particular care to see that there was 
nothing whatever assigned to them when it could with equal propriet}' 
be given to another bidder, etc. They felt that their connection 
injured rather than helped them, and they practicall}" failed in business." 

2. B3' the following extract from the testimony of Capt. W. J. 
Barden, found at pages 108-109 of the record: 

Q. What were your duties as chief engineer with respect to public 
contracts? — A. I had the making of all contracts that referred to the 
.street work or the waterworks, the sewerage s3\stem, and a large part 
of the public buildings. 

Q. When contracts were let for the construction of public buildings 
or the doing of other public work, did you have any special duty in 
connection with it ^ — A. For those w^orks which were under mj^ charge, 
and which w^cre the only works with which I had anything to do with 
the contracts, I prepared the specifications and advertised the work 
and received the bids, and recommended the acceptance of the bid 
which I thought most advantageous to the Government, and after that 
recommendation was acted upon by the military governor I drew up 
the contract and signed the contract, wdiich was also approved by the 
military governor. 

Q. Did you know, during that time of service, of a Mr. ' Condit- 
Smith? — A. Yes, sir. 

Q. (Continuing.) Who is said to be a brother-in-law of General 
Wood ^— A. Yes, sir. 



CONFIRMATION OF LEONARD WOOD. 53 

Q. In what capacity was he there? — A. He was there as a member 
of a company known as the Cuban Supply Company, the main busi- 
ness of which was the supplying of stone for use on the roads. I 
think they did some other business, but that was the only line in which 
1 had an}^ connection with the compan3^ 

Q. It has been testified before this committee, as I remember, that 
he represented a quarry company and also a construction company, 
and that the quarr^^ company which he represented had some contracts 
for furnishing- stone, and that the construction company he repre- 
sented had some contracts for the construction of public buildings. 
What do you know about that? — A. The construction company had 
no contracts under me; the quarry company had some contracts. 

Q. If they had any construction contracts as to public buildings, 
from whom would thej^ get those contracts? Would not that come 
under your supervision, I mean? — A. Well, ordinarily it would have 
done so. I do not know where they had any contracts for any building. 

Q. However that may be, please state whether or not you received 
any instructions from the military governor. General Wood, with 
respect to bids made by them for public work; and if so, state what 
they were. — A. The General told me once or twice when I was called 
over to his office that Mr. Cond it-Smith was down there; that he was 
his brother-in-law, and that he was there very much against his (Gen- 
eral Wood's) wishes, as it placed him in a very embarrassing situation. 
He told me that he expected Mr. Condit-vSmith would be treated just 
exactly as anybody else would be treated; that no favors of an}' kind 
should be shown him; and no favors were shown him. 

Q. Was that conversation with you in the nature of instructions 
from the military governor to you? — A. I considered them as instruc- 
tions; yes, sir. 

Q. State whether or not an}- favors were shown Mr. Condit-Smith 
or his associates whom he represented in connection with public work 
of any kind in Cuba. — A. No favors were shown him. 

Q. None? — A. None. 

Senator Foraker. That is all I care to ask. 

SANTIAGO ACCOUNTS OF 1898. 

As to the charge that General Wood's accounts for^ the year 
1898, while he was in command at Santiago, were in a state of dis- 
creditable confusion, the Secretary of War makes complete answer 
at page 811 of the record, showing that his accounts were audited 
not only at Santiago but also b}' the Insular Bureau, and after- 
wards by the regular accountants of the War Department, and 
that they were found to be correct to the last dollar, except that 
the Government was indebted to General Wood in the sum of $6.6-1. 

In so far as there were any difficulties in auditing those accounts, 
aside from those which would naturally arise on account of the 
campaign and the general situation at Santiago in connection there- 
with, they were confined to the accounts of other officers, and had 
no relation whatever to General Wood's accounts. Those accounts, 
and all others for which he had at any time been responsible, are 
bevond criticism. 



54 CONFIRMATION OF LEONARD WOOD. 

INSUBORDINATION. • 

With respect to the in.sinujition — rather than charge — that General 
Wood was guilty of insubordination, or, as one witness expressed it, 
conduct "verging ver}^ closely upon it," that also is best answered bj' 
the records of the War Department, and those records are put in 
evidence, with accompanying remarks by the Secretary of War, com- 
mencing at the bottom of page 812 of the record. They show there 
is no ground for such a charge, and that General Wood was fully 
sustained hj the War Department and the President as to all points 
of ditferenoe between him and General Brooke. 

ADMISSION OF SILVER-SERVICE SET FREE OF DUTY. 

In like manner is the charge that he was guilty of a violation 
of the law in his own interest b}' admitting a silver-service set 
that was presented to him by the Jai Alai Society on the occasion of 
his leaving Cuba, free of duty, answered, not only by the Secre- 
tary of War in his testimon}^ at page 79-i of the record, but also 
by Gen. Tasker H. Bliss, who testifies, at page 115 of the record, 
that General Wood had no responsibilit}^ whatever for what was 
done in that respect, and that, on the contrarj^, he alone was 
responsible for the same; his statement being as follows: 

It was admitted free of duty, but I take all responsibility for that 
upon myself. I never heard a word from General Wood on the 
subject. 

General Bliss further testitied that General Wood did not give 
an}^ order, or make any request with respect thereto, or, so far as 
he is aware, have any knowledge at the time as to the admission 
of the silver service free of dut}- (sec also his testimony to the 
same effect when he was recalled, p. 590 et seq. of the record), and 
that the law authorized such admission. 

Before passing from this branch of the investigation, it is due to the 
claims of truth and justice, as well as to General Wood, to say that the 
testimony uttin-jy fails to establish anything either charged or insinuated 
that reflects on the character or conduct of General Wood as either a 
man or an officer. On the contrary, the testimony is overwhelming 
that his character and conduct as a man were above reproach, and that 
the many charges which the committee have been called upon to inves- 
tigate were all inspired and made by a man who pretends to believe 
that he was wrongfully charged with crinies and tried and convicted 
of them oidy because General AVood desired to do him a great wrong, 
and in that behalf improperly controlled and directed the proceedings 
and judgments of the courts against him. 

The testimon}' taken altogether and fairly' considered utterly fails 
to support such a contention. 



CONFIRMATION OF LEONARD WOOD. 55 

On the contraiy, it shows that General Wood only did his duty — 
energetically and thoroughly, it is true, as he seems to have per- 
formed all his duties, but without malice, oppression, or unfair or 
improper use of authority or influence with the courts or otherwise, 
and that instead of criticism and fault-finding he is entitled to credit 
and commendation. 

RECORD AS A SOLDIER. 

As a soldier and an ofiicer the record he has made speaks with more 
authority and conclusiveness than any other witness can. 

This record and the reasons governing the President in making this 
nomination can not be set forth better or more concisely than has 
been done bj'^ the Secretary of War in his letter to the acting chair- 
man of the Committee on Military Affairs, which, with all exhibits, is 
printed in the record at page 23, as follows: 

War Department, 

Washington., Novemher 18^ 1903. 

My Dear Senator: In compliance with your request, I transmit a 
resume of the military record of Gen. Leonard Wood, and a statement 
of the chief considerations w4iich have led to his nomination as major- 
general. 

This ofiicer has been five times conflrmed by the Senate upon appoint- 
ments b}' President McKinley as a general officer; twice as brigadier- 
general of volunteers, twice as major-general of volunteers, and once 
as brigadier-general of the Regular Army. Your committee is there- 
fore probably familiar with most of the facts in this record. It covers 
a period of seventeen 3'ears"' service and naturally divides itself into 
four distinct parts. 

First. His service as a line ofiicer in conmiand of troops, although 
serving under a commission in the medical staft' during the Indian 
wars. Upon this service his superior officers have made the following- 
remarks: 

General Miles: 

"This officer served in the field under my command for several 
months during the terrible campaign against the Apache Indians under 
Geronimo. He is one of the most enterprising, intelligent, and fear- 
less officers in the service, and competent to fulfill the duties of a 
field officer." 

General Lawton: 

"When through exposure and fatigue the infantry battalion lost its 
last officer (in the pursuit of Geronimo) Captain Wood volunteered to 
connnand it in addition to his duties as surgeon. In this duty Captain 
Wood distinguished himself most. His courage, endurance, and 
example made success possible. I served through the war of the 
rebellion and in many battles, but in no instance do I remember such 
devotion to duty or such an example of courage and perseverance. 
It was mainly due to Captain Wood's loyalty and resolution that the 
expedition was successful." 

Gen. Wm. M. Graham: 

"With a high sense of honor in all the obligations of life, he is a 



56 CONFIRMATION OF LEONARD WOOD. 

most conscientious and zealous officer in the discharge of duty. His 
phj'sique is superb; his mental qualiiications are of the highest order.-' 

Gen. George A. Forsyth: 

" Captain Wood served with me on the frontier in Arizona and New 
Mexico a number of years ago. 1 have known him Avell for the past 
ten 3'ears and I regard him as one of the very best soldiers I know. 

* * * He has all the sound judgment, good sense, executive ability, 
experience, and courage requisite to make him one of the best and 
safest colonels in the Army." 

Upon these and similar evidence of htness, President McKinley 
appointed Captain Wood colonel of the First Volunteer Cavalrv in 
May, 1898. 

Second. In the Santiago campaign Colonel Wood's service appeared 
to justify his appointment. He commanded his regiment at Las Gua- 
simas on the 2-ith of June, 1898, and his brigade commander. General 
Young, reported of him: 

"I can not speak too highly of the efficient manner in which Colonel 
Wood handled his regiment and his magnificent behavior on the field."" 

His division commander. General Wheeler, reported: 

"The magnificent and brave work done by this regiment, under the 
lead of Colonel Wood, testifies to his courage an'd skill. The energy 
and determination of this officer has been marked from the moment he 
reported to me at Tampa, Fla., but I have abundant evidence of his 
brave and good conduct on the field, and I recommend him for the 
consideration of the Government." 

He commanded a brigade in the San Juan fight, and his division 
commander reported of him: 

"Too much credit can not be given to the gallant brigade comman- 
ders. Colonels Wood," etc. 

The corps commander, General Shaf ter, reported : 

"The following officers were conspicuous for their bravery and 
handled their troops so well I desire to recommend them for promotion: 

* * * Colonel Wood, to be a brigadier-general." 

The third period covers the command of the troops in occupation of 
the province of Santiago and the administration of the military govern- 
ment in that province from August, 185>8. to December, 1899. General 
Wood's appointment to this position appears to have been based upon 
the following dispatch from General Shafter, dated August 4: 

"I think General Wood b}^ far the l)est man to leave in command 
of the city of Santiago, and perhaps of the whole district." 

This important command carried with it naturallv an appointment 
as major-general of volunteers. This conunission was vacated upon 
the reduction of the Army in the spring of 1899, when General Wootl 
was again appointed l)rigadier-general of volunteers, and in December, 
1899, because of the excellence of his administration of the hiilitary 
government in the Department of Santiago and Puerto Principe he 
was again made major-general of volunteers and appointed military 
governor of Cuba and commander of the United States forces in that 
island, then amounting to somewhat over 10,000 men. 

In the spring of 1901 General Wood's conmiission as major-general 
of volunteers being about to expire by operation of law, he was nom- 
inated by President McKinley and confirn)ed by the Senate as 
brigadier-general of the Regular Army, and his last 3'ear\s service as 
military governor was under that commission. In the autunm, after 



CONFIKMATION OF LEONARD WOOD. 57 

the end of the military occupation of Cuba, General Wood applied for 
active service in the Philippines and was assigned to the command of 
the Department of Mindanao, where he is now serving*. 

The administration of the office of military governor of Cuba was 
directh" under the control and supervision of the Secretary of War, 
acting for the President as Commander in Chief. The high estimate 
put by the Secretary of War upon General Wood's services as mili- 
tary governor is shown in the published orders of the War Depart- 
ment contained in the inclosed papers. The opinions expressed in 
these orders were also the opinions of both the Presidents under whom 
the services were rendered. 

What was done in Cuba by the American Armj^ between the sur- 
render of Santiago and the establishment of the Cuban Republic doubt 
less seems to man}^ who look back upon it in the light of its peaceful 
and successful conclusion to have been simple and easy; but you and 
the members of your committee who were concerned in government 
during that period will recall the difficulties, the doubts, the differ- 
ences of opinion, and the anxieties which accompanied the discharge of 
our national obligations in that island, the serious consequences we 
saw reason to apprehend in case of erroneous judgment or feeWeness 
of execution, and the satisfaction which we felt in having found a man 
whose ability and character were adequate to the difficult task of exe- 
cuting our national policy. The government of occupied territory is 
a military duty of a high order, and involves the exercise of many of 
the most important qualities of a general officer. It is of great impor- 
tance to any country to have among its general officers men who 
measure up to the performance of such a duty, and the successful 
performance of such a duty is generally and justly regarded as a title 
to military promotion. Upon a review of General Wood's entire mili- 
tary record, I think it fair to say that no officer of the American Army 
below the grade of major-general has held more important commands, 
rendered more distinguished service, or demonstrated to a higher 
degree the possession of the qualities which tit a man to render valua- 
ble services to the country as major-general. 

Will you permit me to add an observation upon the principle which 
sound policy requires the President to follow in making appointments 
to general office'^ 

The law which recognizes seniority alone as the title to promotion 
up to the grade of colonel abandons that rule when it deals with gen- 
eral officers and imposes upon the President the duty of selecting the 
best men for generals without expressing any limitation upon the class 
from which he is to make the selection. When such a selection is to 
be made, two different considerations always present themselves to the 
appointing mind. One is the desire to reward long and meritorious 
service; the other is the duty to secure the best possible man to do 
the things that ought to be done in the future for the efficiency of the 
military establishment, the preparation of the country for war and for 
success in war, wdiich we are alwa3's bound to contemplate as possible. 
It frequently happens that these two considerations do not coincide in 
pointing toward the same man. The appropriate reward of honor 
frequently comes to our officers when their careers are about to 
close — when they have passed the period of initiative, of ambition and 
strenuous exertion, and have come to the period of comparative repose. 
An army, all of whose general officers are selected for the purpose of 



58 CONFIRMATION OF LFONARD WOOD. 

conferring rewards, and thus having- at it.s head a const^tly shifting' 
body of general officers, none of whom has more than a very few years 
to serve, and all or nearly all of whom are just closing their careers 
and resting upon their laurels, can not possil)ly reach the highest 
standard of ethcieney. To have a live army, which keeps abreast of 
the times, in a constant state of preparation and ready to meet emer- 
gencies with the greatest activity and force, we must have a reasonable 
proportion of its general officers selected from the men in the prime of 
life, with careers to make, w'ith ambition, energy, initiative, and whose 
service will be long enough to maintain continuity of policy and 
sustained effort in working out ideas which require time for their 
accomplishment. 

In the selection of this class of officers the all-important thing is the 
demonstration of exceptional capacity for the w^ork which the country 
will rely upon the man to do. Previous rank is of little consequence 
provided the service shall have been long enough to furnish the requi- 
site experience and make the demonstration of capacity certain. Pub- 
lic discussion of promotions to general office usually proceeds upon the 
view that promotion is to be considered only as a reward, but grateful 
as it i* to reward past services and important as it is that they should 
be rewarded, 1 can not doubt that the highest duty of the appointing 
power, which is responsible for the future efficiency of the Army, is 
to secure the man of exceptional capacity. Where these two consid- 
ei'ations point to the same man, as they^ sometimes do, the course is 
plain. Where they do not point to the same man it seems judicious to 
fairly divide the appointments to general office, making a part prima- 
rily with a view to reward and a part primarily w'ith a view to future 
service. I think both considerations unite in this case. 

These facts in General Wood's record and these views of public pol- 
icy were the reasons which led President McKinley to select General 
Wood for brigadier-general of the Regular Arm}' in preference to 
many officers of higher regular rank and to appoint him to that office 
upon the nomination which you conHrmed three years ago next Feb- 
ruary. The present nomination is in the regular order of seniority 
according to the rank then established by the action of the President 
and Senate and indicates that the President sees no reason for revers- 
ing or departing from the conclusion then reached. 
Ver}' truly yours, 

Elihu Root, 

Secretary of War. 

Hon. Redfield Proctor. 

Acting Cha'u'inan Senate Committee on Military Affairs. 

MAJ. OEN. LEONARD WOOD. 

Tlie accompanying pa])ers and extracts or summaries of the official 
records show in detail the services of l^rig. Gen. Leonard AVood. 

He was commissioned as assistant surgeon on the 5th of June, 1886, 
being then in his twenty -sixth year. Very shortly afterwards he took 
part in the campaign against the Apacdie Indians, serving as a line 
officer in connuand of a detachment of infantry. For his distinguished 
conduct in the campaign he was awarded a medal of honor. He was 
also commended in (Jcnieral Orders, No. 31), Headquarters of the 
Army, April, 9, 1891, for ''gallant and hazardous service, courage, 



CONFIRMATION OF LEONARD WOOD. 59 

and energy, encouraging the command under the most tr3"ing circum- 
stances, and for untiring eli'orts in the campaign against hostile Apache 
Indians in Sonora, Mexico, during the greater part of which he com 
manded the detachment of infantry."' During this campaign and the 
3^ears immediately succeeding he served on the frontier under the 
then Brig. Gen. Nelson A. Miles, the then Lieut. Col. H. W. Lawton, 
the then Brig. Gen. William Montrose Graham, and the then Col. 
George A. Forsyth. When, at the outbreak of the Spanish war, he 
applied to the governor of Massachusetts for command of a Massa- 
chusetts volunteer regiment, the four officers above named sent to the 
governor the following letters recommending him for command of a 
regiment, and reciting his services in actual war upon which they 
based their recommendations. 

Headquarteks of the Army, 

Washington, B. C, April 15, 1898. 

The Governor of Massachusetts, Boston, Mass. 

Sik: 1 have the honor to recommend to 3'our fa\"orable notice Capt. 
Leonard Wood, U. S. Army. This officer served in the field imder 
my command for sevei'al months during the terrible campaign against 
the Apache Indians under Geronimo. He is one of the most enter- 
prising, intelligent, fearless officers in the service and competent to 
fulfill the duties of a field officer, and I earnestly recommend him for 
such appointment in one of the regiments that may be organized in 
my native State. 

Ver}' respectfully, 

Nelson A. Miles, 
Major- General, Commanding U. S. Army. 



War Department, Inspector-General's Office, 

Washington, Ajyril 15, 1898. 
Roger Wolcott, ' 

Governor, Coninionwealth of Massac/t usetts. 
Sir: Respectfully, but earnestly, I desire to call your attention to 
Capt. Leonard "Wood. U. S. Armv, a citizen of Massachusetts. Cap- 
tain Wood graduated at Harvard Universit}', and later from the Har- 
vard Medical College, entering the military service of the United States 
as an assistant surgeon soon after. It is not, however, of his service 
as a medical officer that I desire to speak. In his profession he has 
risen to the highest eminence, having the respect and confidence of the 
most distinguished personages of the countr}'. including the President 
of the United States, being at the present time attending physician for 
himself and family. Almost immediately after joining the militar}^ 
service Captain Wood was assigned to a command organized to pursue 
and capture or destroy the band of renegade Apaches, commanded by 
the noted chief and warrior, Geronimo, who had been terrorizing and 
devastating the southern portion of Arizona and New ^Mexico and 
northern Sonora, Mexico. I had the honor to connnand this expedi- 
tion, under the immediate direction of General Miles. Captain Wood, 
then an acting assistant surgeon, developed during this tedious and 
dangerous campaign (pronounced by the general commanding " the 



60 CONFIRMATION OF LEONARD WOOD. 

most remarkable in the histor}^ of the United States «A.rmy '") the 
strongest elements of soldierly instincts. 

When through exposure and fatigue the infantry l)attalion lost its 
last officer, Captain Wood volunteered to command it in addition to 
his duties as surgeon. In this duty Captain Wood distinguished himself 
most. His courage, endurance, and example made success possible. 
1 served through the war of the rebellion and in many ])attles, but in no 
instance do 1 remember such devotion to duty or such an example of 
courage and perseverance. It was mainl}^ due to Captain Wood's 
loyalty and resolution that the expedition was successful. This acknowl- 
edgment was made b}- the commanding officer in his official report of 
the campaign, was approved by the general commanding, and Captain 
Wood was awarded a medal of honor by Congress as a tribute to his 
services. Since then Captain Wood has been conspicuous for gallant and 
intelligent faithful services. Now that a war seems imminent Captain 
Wood has determined to leave for the time his professional duties and 
take service with the fighting line as a soldier proper, and it is in this 
connection that I desire to recommend him to you as a competent and 
valuable soldier with field experience. He will be a credit to his State 
in any capacity of soldierly duty. The higher the position to which 
he may be appointed the greater will be his value. His connection 
with the service has prevented him from associating himself with the 
organized militia of 3'our State, but he is such a valuable man that his 
State can ill afford to lose his services. I make my statement from 
my own personal knowledge of the man both as an inspector and for a 
time in the field his commanding officer. 
Very respectfully, 

H. W. Lawton, 
Lieutenant- Colonel ., Inspector- General U. S. Army. 



Headquarters Department of the Gulf, 

Atlanta, Ga., April 10, 1898. 
The Governor of Massachusetts, Boston, 3Iass. 

Sir: Learning that Capt. Leonard Wood, assistant surgeon. V. S. 
Array, is desirous of exercising the connnand of a regiment from his 
State in case of the mobilization of Massachusetts troops in the near 
future, I have the honor to commend to your excellency's favorable 
notice this meritorious officer. I have known Capt. Wood intimately 
since 1SSJ>. During four years of that period he served under my 
connnand. I consider him one of the most promising officers of our 
Army, and Ixdicve him to be thoroughly well e([uipped to exercise the 
command of a regiment. 

With a high sense of honor in ail the ol)ligations of life, he is the 
most conscientious and zealous officer in th(» discharge of duty. 

His physique is superb; his mental qualifications are of the highest 
order. 

I am, sir, with great respect, your excellency's most obedient servant, 

Wm. Montrose Graham, 
Brlgadlei'- General, U. S. Arnnj. 



confirmation of leonard wood. 61 

728 Twentieth Street, NAV., 
Washhu/ton, D. C, Ajynld, 1898. 
The Governor of Massachusetts. 

Sir: 1 am informed that Capt. Leonard Wood, assistant surgeon. 
U. S. Army, is, or will be, an applicant for an appointment as colonel 
of one of the volunteer regiments that, in case of war with Spain, it 
is expected will Ije called for from your State. 

Captain Wood served with me on the frontier of Arizona and in 
New Mexico a number of years ago. I have known him well for the 
past ten j^ears, and I regard him as one of the ver}" befet soldiers I 
know. 

I therefore recommend him strongly, in fact most urgently, for the 
position he seeks. In that capacity he will do honor to his State and 
prove a credit to the nation. He has all the sound judgment, good 
sense, executi\'e ability, experience, and courage requisite to make 
him one of the very best and safest colonels in the Armv. If you see 
fit to make him a colonel you will never have occasion to regret ^^our 
action. 

I am, Governor, very respectfully, 3^our obedient servant, 

George A. Forsyth, 
Brevet Brigadier- General, U. S. A7'my. 

President McKinley appointed Captain Wood to be colonel of the 
First United States Volunteer Cavalry on the 8th of May, 1898. He 
commanded his regiment, which constituted one of the two attacking col- 
umns at Las Guaymas on June 21, 1898. His brigade commander, the 
present Lieutenant-General Young, reported as follows of him in this 
engagement: 

""I can not speak too highh' of the efficient manner in which Colonel 
Wood handled his regiment, and of his magniticent behavior on the 
field. Colonel Wood disdained to take advantage of shelter or cover 
from the enemy's fire while any of his men remained exposed to it — 
an error of judgment, but happily on the heroic side." 

His division commander, Maj. Gen. Joseph Wheeler, reported as 
follows: 

'"The magniticent and brave work done by his regiment under the 
lead of Colonel Wood testifies to his courage and skill. The energy 
and determination of this officer had been marked from the moment 
he reported to me at Tampa, Fla., and I have abundant evidence of 
his brave and good conduct on the field, and I recommend him for 
consideration of the Government."' 

He was made brigadier-general of volunteers on the 8th of Jul}", 
1898, having won his brigadier-generalship by the gallantry and 
efficiency with which he served as colonel in the Santiago campaign, 
as he had won his colonelcy by the gallantry and efficiency with which 
he had served while acting as a line officer in command of a detachment 
of infantry in the campaigns against the Apaches. Of his conduct at 
the San Juan fight General Wheeler reported: 

""Too much credit can not be given to the gallant brigade com- 
manders. Colonels Wood and * * *." 

Maj. Gen. W. S. Shaffer, commanding the Fifth Arui}^ Corps, 
reported as follows: 

'"The following officers were conspicuous for their bravery and 



62 CONFIRMATION OF LEONARD WOOD. 

handled their troops so well I desire to recommend th«ii for promo- 
tion: * "■* * Colonel Wood, to be a brigadier-general.*' 

Shortly after being- appointed brigadier-general he was made mili- 
tary' governor of Santiago. He received the appointment on the rec- 
ommendation of his militarv superior, Major-General Shafter, who 
cabled to Washington on August 4: "I think General Wood b}- far 
the best man to leave in command of the city of Santiago, and perhaps 
of the whole district." So well did he perform his duties that Presi- 
dent McKinlc}', on October T, gave him the command of the Depart- 
ment of Santiago, making him also civil governor of the province of 
the same name, and appointing him major-general of volunteers on the 
7th of December, 18H8. On October 1, 1899, Maj. Gen. John R. 
Brooke, commanding the Division of Cuba, reported of him as follows: 

"1 desire to express my appreciation of the able assistance rendered 
me by the several department commanders in the transaction of the 
military portion of our duties in the Division of Cuba, as follows ; * * * 
Brig. Gen. Leonard Wood.'' 

So well did he do his work as governor of the province of Santiago 
that, purely on his merits, on the recommendation of the Secretary 
of War, President McKinle}- appointed him military governor of the 
island of Cuba on December 20, 1899. So great was his success in 
his new position, a position at that time of as great responsibilty, 
difficulty, and importance as almost any other in our whole Govern- 
ment, that, by way of recognition and i-eward, somewhat over a year 
later, on the -Ith of April, 1901, on the nomination of President 
McKinley. he was made a brigadier-general in the United States Army. 
He continued to serve with striking efficiency as military governor of 
the island of Cuba until on May 20, 1902, he turned over the govern- 
ment of the island to the tirst president of the Republic of Cuba. In 
the official records General Wood's services during these years are 
spoken of as follows: 

[Extract from General Orders, No. 66, Adjutant-General's Office, July 4, 1902, to the Army of the 

United States.] 

"The President thanks the officers and enlisted men who have been 
maintaining order and carrying on the military government of Cuba, 
because they have faithfully given eti'ect to the humane purposes of 
the American people. They have governed Cuba wisely, recording 
justice and individual libertv; have honestly collected and expended 
for the best interests of the Cuban people revenues amounting to over 
$(50,000,000; have carried out practical and thorough sanitary meth- 
ods, greatly improving the health and lowering the death rate of the 
island. They have gradually trained the Cu])ans in all branches of 
administi'ation, so that the new Cuban -Government, upon assuming' 
power, has begun its work with a force of Cuban employees competent 
to execute its orders. They have transferred the government of 
Cuba to the Cuban people amid universal expressions of friendship 
and good will, and have left a record of order, justice, and liberty, of 
rapid improvement in material and moi'al conditions, a progress in the 
art of government which reflects great credit on the people of the 
United States."' (( {eneral Wood was military governor of Cuba dur- 
ing most of the time covered by this order.) 

Extract from the report of the Secretary of War dated December 
1, 1902: 



CONFIRMATION OF LEONARD WOOD. 63 

"I know of no chapter in American history more satisfactory than 
that which will record the conduct of the military government of 
Cuba. The credit of it is due, first of all, to Brig-. Gen. Leonard 
Wood, the comn]ander of the Department of Santiago until December, 
1899, and thenceforth the military governor of the island." 

The War Department, by direction of the President, thanked General 
Wood and the officials serving under him for their services in Cuba in 
General Orders, No. 38, Headquarters of the Army, 1903: ^^The 
administration of General Wood, both as military commander of the 
Division and Department of Cuba and as military governor, was 
highly creditable. The civil government was managed with an eye 
single to the benefit of the Cuban people. Under the supervision and 
control of the military governor the Cuban people themselves had an 
opportunity to carry on their own government to a constantly increas- 
ing degree, so that when Cul)a assumed her independence she started 
with the best possible chance of success. Out of an utterly prostrate 
colony a free republic was built up, the work being done with such 
signal ability, integrity, and success that the new nation started under 
more favorable conditions than has ever before been the case in any 
single instance among her fellow Spanish-American republics. This 
record stands alone in history, and the benefit conferred thereby upon 
the people of Cuba was no greater than the honor conferred upon the 
people of the United States." 

He is at present commanding the Department of Mindanao, in the 
Philippine Islands. 

General Wood has received each promotion as a reward of signal 
gallantry or signal efficienc}^ in the position from which he was pro- 
moted. Since his last promotion (that to brigadier-general in the 
United States Army on the Irth of Februar}^ 1901) there has been no 
change in his relative position on the roster. He now comes up for 
promotion in the regular order of seniority, standing at the head of 
the list of brigadier-generals. 

Leonard Wood, born October 9, 1860, at Winchester, N. H., and 
appointed from Massachusetts. Assistant surgeon, January 5, 1886; 
captain and assistant surgeon, January 5, 1891; colonel First U. S. 
Volunteer Cavalry, May 8, 1898; brigadier-general. U. S. Volunteers, 
eFuly 8, 1898; major-general, U. S. Volunteers, December 7, 1898; 
honorably discharged, April 13, 1899; brigadier-general, U. S. Volun- 
teers, April 13, 1899; major-general, U. S. Volunteers, December 5, 
1899, to June 30, 1901; brigadier-general, U. S. Armv, February 4, 
1901. 

Commended for "gallant and hazardous service, courage, and energy, 
encouraging the command under the most trying circumstances, and 
for untiring efforts in the campaign against hostile Apache Indians in 
Sonora, Mexico, during the greater part of which he commanded the 
detachment of infantrv." (General Orders, No. 39, Headquarters of 
the Army, April 9, ISitl.) 

Awarded a medal of honor for distinguished conduct in campaign 
against Apache Indians, summer of 1886. 

Service. — Joined the Army as a contract surgeon June 9, 1885, and 
participated in the campaign against hostile Indians in Arizona and 
New Mexico. Was with Lawton's expedition against hostile Apaches 
under Geronimo, June, 1886, to February, 1887; in Arizona, New 
Mexico, and northern Mexico, and commanded infantry detachment 



64 CONFIRMATION OF LEONARD WOOD. 

and scouts; in the field in Arizona, Februarv, 1887, to July, 1889; at 
the Presidio, San Francisco, Cal., July, 1885), to August, 18U3; at Fort 
McPherson, Ga., from September, 1893, to September, 1895; attend- 
ing surgeon, Washington, D. C, to May, 1898; organizing and com- 
manding the First U. S. Volunteer Cavahy to June, 1898, when he 
assumed command of the Second Brigade, Cavalry Division, Fifth 
Army Corps, in the Cuban campaign, participating in the battles of 
Las Guasimas and San Juan, Santiago Je Cuba. 

Upon the surrender of the Spanish forces at Santiago in July, 1898, 
he was appointed military governor of that city, and on October 7, 

1898, he was assigned to the command of the Department of Santiago, 
being also civil governor of the province of Santiago. On July 1, 

1899, the Department of Puerto Principe was consolidated wnth his 
department, and known as the Department of Santiago and Puerto 
Principe. He commanded that department until Decemlier, 1899. 
On December 20, 1899, he was appointed military governor of the 
island of Cuba, and in command of the United States troops therein, 
which duties he performed up to Ma}' 20, 1902, when he turned over 
the government of the island to Tomas E. Palma, lirst President of the 
Republic of Cuba. On duty at Washington, D. C, settling affairs of 
the late militar}" government of the island of Cuba (en route to and at 
Berlin, Germany, to witness maneuvers of Prussian armv, Julv to 
October, 1902; en route to United States to November, 1902fto March, 
1903; en route to Philippine Islands, via Cairo, Egypt, and Hongkong, 
China, etc., to July 19, 1903; commanding Department of Mindanao, 
Philippine Islands, to date. 

He commanded the First U. S. Volunteer Cavalry, constituting one 
of the attacking columns in the engagement at Las Guasimas, Santiago 
de Cuba, June ^24, 1898. 

His brigade commander. General Young, reports as follows: "I 
ordered the attack, and it was executed in a manner winning the 
admiration of the division commander and all present who witnessed 
it. I can not speak too highly of the efficient manner in which Col- 
onel Wood handled his regiment and of his magnilicent behavior on 
the field." 

(Jolonel Wood disdained to take advantage of shelter or cover from 
the enemy's fire while anj^ of his men remained exposed to it — an 
error of judgment, but happily on the heroic side. 

He commanded the Second Cavahy Brigade at the battle of San 
Juan Hill, July 1, 1898. The division commander. Gen. S. S. Sum- 
ner, reports the assault was made with conspicuous gallantry and 
coolness, and that all officers showed marked ability. 

Kfficieticij Teports. — 1898. By Secretary of AVar: Authorized to raise 
a regiment of volunteers possessing special qualifications, etc., to be 
designated as First Regiment U. S. Volunteer Cavalry. For com- 
mission in Massachusetts volunteers in event of war Captain Wood is 
especially gifted for the command of men, etc. 

By Lieutenant-Colonel Wagner, assistant adjutant-general: Recom- 
mended for appointment as a colonel of a Massachusetts volunteer 
regiment. 

By Lieutenant-Colonel Gilmore, assistant adjutant-general: Recom- 
mended for command of volunteers. He is a man of excellent char- 
acter and marked ability in every respect. He would be an excellent 
man in the event of war to have command of volunteers. 



CONFIRMATION OF LEONARD WOOD. 65 

By General Miles: To governor of Massaehusetts: This officer 
served in the tield under my command for several months during the 
terrible campaign against tliC Apache Indians under Geronimo. He 
is one of the most enterprising, intelligent, fearless officers in the 
service, and competent to till the duties of a tield officer, etc. 

By Lieutenant-Colonel Lawton, inspector-general: Recommended 
to the governor of Massachusetts as a competent and valuable soldier 
Avith tield experience. He will be a credit to his State in any capacity 
of soldierly duty; the higher the position to which he may be appointed 
the greater will be his value, etc. 

By General Graham: Recommends him for conmiand of a Massa- 
chusetts regiment. I consider him one of the most promising officers 
of our Army, and believe him to be thoroughh" well equipped to exer- 
cise the conmiand of a regiment, etc. 

By General Forsyth: Recommended for appointment as colonel of 
a Massachusetts regiment of volunteers. Captain Wood served with 
me in the frontier of Arizona and in New Mexico a number of years 
ago, * * * and I regard him as one of the very liest soldiers I 
know. I therefore recommend him strongly, in fact most urgently, 
for the position he seeks, etc. 

[Extract from official report of Captain Lawton, Fourth Cavalr}', Geronimo campaign. ] 

En Route to Fort Marion, Fla., 

Septemher 5, 1886. 
Sir: I have the honor to submit the following report of operations 
against Geronimo's and Natchez's bands of hostile Indians made b}- the 
command organized in compliance with the following order: 

* -X- * * * * * 

On the 6th of 'fuly the command, consisting of infantry and scouts, 
marched from Oposura. No officer of infantry having been sent with 
the detachment, and having no officers with the conuuand except Second 
Lieutenant Brown, Fourth Cavalry, commanding scouts, and Second 
Lieutenant Walsh, Fourth Cavalry, commanding cavalry, Assistant 
Surgeon Wood was, at his own request, o-iven command of the infantry. 

The work during June having been done by the cavalry, they were 
too much exhausted to be used again without rest, and they were left 
in camp at Oposura to recuperate. 

On the 14th of July a runner was sent back by Lieutenant Brown 
of the scouts, with the information that the camp had been located, 
and that he would attack at once with his scouts, asking for the 
infantiy to be sent forward to his support. I moved forward with the 
infantry as rapidly as possible, but did not reach Lieutenant Brown 
until after he had entered the hostile camp. The attacking party 
had been discovered and all the hostiles escaped. Their animals and 
camp equipage, with a large amount of dried beef, etc., fell into our 
hands, but the hostiles scattered and escaped on foot. 

**«■**** 

H. W. Lawton, 

Captain^ Fourth Cavalry. 

Adjutant-General Department of Arizona. 



66 CONFIRMATION OF LEONARD WOOD. 

Case of First Lieut. Leonard Wood, now captain, assistant surpeon. 

Recommended l)v General ]Miles (in 1890) ''For gallant and hazard- 
ous service against hostile Apaches in Sonora, Mexico, summer of 
1886."' 

The following are extracts from official reports in this case: 

Captain Lawton, commanding expedition against Cireronimo's and 
Natchez's hands of hostile Indians, in his report dated '' En Route to 
Fort Marion. Fla., September 9, 1886, says: * * * On the 6th of 
July (1886) the command, consisting of infantry and scouts, marched 
from Oposura (Sonora, Mexico). No officer of infantry having been 
sent with the detachment, and having no officers with the command 
except Second Lieutenant Brown. Fourth Cavalry, commanduig scouts, 
and Second Lieutenant Walsh, Fourth Cavalry, commanding cavalry, 
Assistant Surgeon Wood was, at his own request, given connnand of 
the infantry. * * * During this short campaign the suffering 
was intense. The country was indescribably rough and the weather 
swelteringly hot, with heavy rains every day or night. The endurance 
of the men was tried to the utmost limit. * * * Jbe command, 
taking the field ]\Iay 5, continued almost constantly on the trail of 
the hostiles until their surrender, more than four months later, with 
scarcely a day's rest or intermission. It was purely a command of 
soldiers, there being attached to it ])arely one small detachment of 
trailers. * * * 

''I desire to particular!}' invite the attention f)f the department 
commander to Asst. Surg. Leonard Wood, the only officer who has 
been with me through the whole campaign. His courage, energy, and 
loyal support during the whole time, his encouraging example to the 
command when work was the hardest and prospects darkest, his 
thorough confidence and belief in the final success of the expedition, 
and his untiring efforts to make it so, has placed me under obligations 
so great that I can not even express them. * * *"" 

Gen. O. O. Howard, commanding Division of Pacific, in his indorse- 
ment on the above report, says: ''* * * 1 concur with him in 
commending Asst. Surg. Leonard Wood. * * *" 

[Extract from report of Capt. H. W. Lawton, Fourth Cavalry, of liis expc<iition against (Jcronimo's 
band of hostile Indians, dated September i), l.SiSti, printed in report of Secretary of War, 18.S6, 
p. 179.] 

* * -K- * * * «- 

On the 1-tth of July a runner was sent back by Lieutenant Brown of 
the scouts with the information that the camp had l^een located and 
that he would attack at once with his scouts, asking for the infantry 
to be sent forward to his su'pport. I moved forward with the infantry 
as rapidly as possil)le, but did not reach Lieutenant Brown until after 
he had entered the hostile camp. The attacking party had been dis- 
covered, and all the hostiles escaped. Their animals and camp equi- 
page, with a large amount of dried beef, etc., fell into our hands, but 
the hostiles scattered and escaped on foot. Their trail was again dis- 
covered and followed up the Aros River, thence northwest until the 
23d of July. 

-X- * * -X- -X- * * 

[Extraet from report of Asst. Surg. Leonard Wood, U. S. Arniv, of the same expedition, to General 

Miles, dated September 9, 188G.] 
-X- * * * -x- -x- * 

During the latter part of June and July it was my good fortune to 
command the infantr}. During this time we were constant!}' on the 



CONFIRMATION OF LEONARD WOOD. 67 

trail named about these rivers and eventually jumped the hostile camp, 
capturing- everything except the hostiles. 



[Extract from report of Asst. Surg. Leonard Wood, U. S. Army.] 

September 9, 1886. 
Brig. Gen. N. A. Miles, U. S. Armj, 

Albuquerque^ jV. 3fex. 
Sir: I have the honor to forward the following report relating to 
the recent expedition in Sonora against the hostile Apaches: 

******* 

" During the latter part of rlune and July it was my good fortune 
to command the infantry. During this time we were constantly on 
the trail named about these rivers, and eventually jumped the hostile 
camp, capturing everything except the hostiles. In the detachment of 
Companies D and K, Eighth U. 8. Infantry, w^ere men who had served 
in India and South Africa, and in their opinion this was by far the 
hardest and roughest service they had ever seen. 

"Some idea of the heat may be gained by these facts: Men could 
not bear their hands on the iron work of their guns or on rocks. 
Pack trains had to ]:)e stopped after 5 or 6 miles on account of animals 
being- overheated and played out. The temperature and roughness of 
the country combined made marching w^ork of the most severe nature. 
I kept one man mounted in the rear of the line to bring along an^' men 
who were overcome by heat and fatigue. These infantiymen were 
supposed to be selected on account of their fitness for the work, but 
even then only about one-third proved lit for the duty, and many were 
sent back. 



Very respectfully, your obedient, 

Leonard Wood, 

Fli'st Lieutenant and Assistant Surgeon^ U. S. Anny. 

General Breck indorsed the case as follows: 

"This will have to be deferred until some more particulars of a fight 
are received. 

"I think Colonel Lawton is to write a letter about this officer. 
"No further particulars have been asked for or received here." 

Medical Department. 

Leonard Wood, now" first lieutenant, assistant surgeon: same when 
recommended. Recommended for (no rank stated) for gallant and 
hazardous service against hostile Apaches in Sonora, Mexico, summer 
of 1886. 

Recommended by Maj. Gen. N. A. Miles, May 26, 1890. 

September 3, 1890. 
General S. will be glad to recommend a brevet in this case if he was 
in a tight, so as to come within the law. 

W. B. 



68 confirmation of leonard wood. 

Inspector-General's Office, 
Zcs jingdts, C'al., Jafy "22, ISOJf. 
Ma]. J. G. GiLMORE, 

Assii^tant Adjutant- GencraJ. 

Sir: Referring to your letter of June 17, concerning recommenda- 
tions for brevet for Asst. Surg. Leonard Wood for gallant and haz- 
ardous service while serving under my command in the Geronimo 
campaign in Sonora, Mexico, 1 have the honor to state in reply that 
owing to the fact that all my papers, reports, and memoranda concern- 
ing that campaign are packed with my property in Washington I have 
been somewhat delayed in preparing my reply to enable me to secure 
the necessary dates, etc., from other sources. In connection with the 
services rendered b}^ Assistant Surgeon Wood and other officers under 
my command at the time under consideration, I desire to call attention 
to some of the conditions which then existed, and which should form 
an important factor in considering the merit of the service of indi- 
viduals, and which to a great extent have at this late day been lost 
sight of. 

The last outbreak of Geronimo and his band had occurred more than 
a year before this campaign was inaugurated, during which time the 
southern portion of New Mexico and Arizona and northern Sonora 
had been completely terrorized and the industries paralyzed by this 
Indian and his band. That portion of the army in New Mexico and 
Arizona had been operating more or less unsuccessfully all of this 
time. An expedition of Indians to the stronghold of the hostiles had 
failed, and the conunander been killed. The murders committed by 
the hostile Indians had reached alarming numbers, and their atrocities 
were unusual, revolting, and terrorizing. The army were disheartened 
and discouraged. The confidence of the people was shaken in their 
efficiency for this work. The press was loud and bitter in its criti- 
cisms of their incompetency. General Crook himself was subjected 
to open insult when traveling on the cars in Arizona. Congress w^as 
seriously considering the propriety of organizing a regiment of fron- 
tiersmen, and also authorizing a reward of $25,000 for the capture of 
this Indian. 

Under these conditions the expedition I had the honor to command 
was organized and entered upon its work. While there were plenty 
of good men and officers willing and desirous to undertake the difficult 
task set them, to that extent had their confidence in their ability to 
successful!}^ accomplish the object been shaken that none believed any 
valuable results would be accomplished, and the fatigue and hardships 
of the work soon overcame the strength of the physically weak ones. 
It is in this connection that I called special attention to First Lieutenant 
and Assistant Surgeon Wood. He was not only willing and anxious 
to undertake the work of the campaign, but believed every moment 
of the time that the issue would justify its inception, and he never lost 
an opportunity, either liy his voice or example, to make it so. As a 
medical officer he was prompt, attentive, and untiring, l)ut what I now 
refer to was his work, independent of and in addition to his profes- 
sional duties, work which he performed voluntarily because of his 
loyal soldierly feeling, and courage and enthusiasm in his work. 

Assistant Surgeon Wood is entitled to consideration for his energy, 
courage, and soldierly example exhibited through the whole campaign. 
Among the special or individual instances I cite the following: On 



CONFIRMATION OF LEONARD WOOD. 69 

the nig'ht of May 29, 1S86, while on a trail closely following the hostile 
Indians, I found it imperative to communicate with General Miles. 
I endeavored to emplo}' some men at a ranch to carry ni}^ message to 
the railroad, but could not induce them to go because of their fear of 
the hostiles who were reported to have sent a raiding party between 
us and the railroad to draw us otf the trail. Assistant Surgeon Wood 
volunteered to undertake the deliver}^ of the message, and rode 35 
miles, sent and received a reply to his message from General Miles, 
and returned to camp by 7.30 o'clock a. m.. May 30, having ridden 70 
miles, and then marched with the command on foot a distance of 32 
miles the same da3\ June 11 to 18 Assistant Surgeon Wood, who 
was at Calabassas, was placed in command of a pack train of 70 ani- 
mals and 13 men with supplies for my command, and conducted them 
by forced marches through a very difficult country from that point to 
the Cacascas Mountains, Mexico, where they overtook the command 
two days after supplies were exhausted. 

On the night of June 30, near Sinoquipa, Sonora, Assistant Surgeon 
Wood, who had voluntarily accompanied the scouts along the San 
Aug"ustin Mountains to look up the trail of the hostiles, volunteered 
to go alone, after four of the scouts had refused to accompany him 
because of the danger, to Sinoquipa to seek important information 
relative to a party of hostiles supposed to be near the town. Starting 
late in the afternoon in the direction Sinoquipa Avas supposed to lie — 
the country was unknown and without trails — he proceeded until he 
came upon a fresh trail of Indians. A shower had fallen less than 
half an hour before, and the trail had been made since the rain. He 
placed himself in a strong position until after dark, then proceeded. 
Arrived at Sinoquipa about 9 p. m. One Mexican killed by these 
Indians and one wounded were brought in while he was there. Start- 
ing the same night he i"etui"ned alone to camp with the information, 
arriving about 2 o'clock a. m., having traveled a distance of about 34 
miles. 

July 2 the cavalry, having become exhausted, was left in camp to 
recuperate, and the expedition was continued with infantry only. 
Thiough the severit}^ of the exposure, and from the great exertion 
required, only those possessing great vitality and endurance could 
hold out continuously. From this and other causes my officers became 
reduced, so that none were left with the infantry. Doctor Wood vol- 
unteered to command them and on July 2 was assigned to their com- 
mand, which he exercised until July 30, when the infantry were again 
returned to recuperate and the cavalry brought out. During this 
time the most trying work of the campaign occurred and the endur- 
ance of the conniiand was tried to its utmost. Assistant Surgeon Wood 
marched at the head of his men, and by his example made their work 
possible. During this time he was bitten by a tarantula. The wound 
was painful in the extreme and the swelling very great, but he contin- 
ued to march at the head of his men, making a forced march of 28 
miles through an almost impassable country during intensely hot 
weather, suffering indescribable physical pain, his thigh being swollen 
to double its normal size and intensely inflamed. 

His fortitude and courag'e at this time were something beyond any- 
thing I had ever before witnessed. On this day, July 13, the camp 
of the hostiles was located by the scouts on the Yaqui River, where it 
rtows through some of the roughest portion of the Sierra Madre. The 



70 CONFIRMATION OF LEONARD WOOD. 

camp was attacked by the scouts under Lieutenant Br#wn, Fourth 
Cavahy, and the infantry commanded by Asst. Surg-. Leonard Wood. 
The hostiles were completely .surprised, and abandoned their camp 
precipitate!}', fleeing in every direction, their camp and equipage, 
food, horses, and everything- belonging" to them falling' into our hands. 
The scouts tired upon the camp, but no return tire was g-iven. The 
left of the infantry line, under the inunediate conmiand of Doctor 
Wood, received a volle}^, but it \vas afterwards ascertained that it 
came from some of our own scouts. Following this, and Ijrought 
about b}' his sufl'eringand exposure. Doctor Wood was, about Juh' 15, 
while marching- up the Yaqui River, stricken with fever, becoming- 
delirious, and in his weak and exhausted condition I despaired of 
saving- his life, but constructed a travois and determined to drag him 
to some ranch, if I could And one, and there leave him. Before start- 
ing, however, he regained his reason, refused to be sent back, was 
placed on a mule, and carried along until he was again able to assume 
his usual duties in command of the infantry. 

August 8 to 8 Doctor AVood volunteered to accompanv scouts on a 
long- and perilous reconnoissance in the vicinity of the '^Espanosa del 
Diablo," Sierra Madre, the commanding officer of the scouts being too 
ill to accompan}' them, crossed the Aros River by swimming while 
running a torrent, this being one of the longest and most trying of 
any of the reconnoissances made. August 2(j and 27 Assistant Sur- 
geon Wood was active in assisting in getting forward my pack train 
through exceedingly rough mountains, with rations for connuand 
which had been without for three da^^s. August 29 to 31, Geronimo 
and his band having conditionally surrendered to me and having 
moved his people to a point near and under the protection of my 
camp, pending the receipt of instructions from General Miles, the 
Mexican troops presented themselves in force much larger than mine 
and demanded the custody of the hostiles. Declining to comply, 1 
detached Lieutenant Gatewood with his interpreter to escort the pris- 
oners to United States territory, following with ni}' command as soon 
as I could safely move from the Mexicans. Accompanied by Assistant 
Surgeon Wood, 1 left the camp of my troops and proceeded to the 
camp of the hostiles. My counnand, having missed the trail, did not 
reach the camp, and 1 proceeded to overtake them, leaving Assistant 
Surgeon Wood and Lieutenants Clay and Gatewood with the hostiles, 
they remaining two days with them in such a position that they Avould 
have been at their mercy if they had beee illy disposed toward them. 
Assistant Surgeon Wood was conspicuous on this occasioii b}' pre- 
venting a possible misunderstanding by the exercise of- coolness and 
good judgment. 

In conunending Assistant Surgeon Wood so highly I do not wish to be 
understood as implying that he is the only one connected with that 
campaign deserving consideration. In my opinion he is more deserv- 
ing from the fact that he is th(>, only officer who participated in the 
whole campaign from first to last and never lagged one instant in his 
duty and devotion. I belie\e that every officer and soldier who took 
part in that trying work is entitled and, judged l)y the merits of othei's 
who have received consideration for like service, should receive either 
a brevet or a medal of honor, and in some instances both should be 
bestowed.' Tlu^ official reports seem to me to fully establish the ardu- 
ous work undertaken and its successful termination, 'llie people of 
the country who suflered from the encroachments of these Indians, 



CONFIRMATION OF LEONARD WOOD. 71 

and who know personall}^ of the difficult and tireless labor through 
which peace and safet}' to their houses was assured, have not been 
seltish of their praise or backward in substantially expressing- their 
appreciation to those who accomplished so much for them. Neither 
do 1 claim that my immediate command suffered all the hardships or 
were alone in accomplishing the final result. I speak, however, for 
those who served under me and of whose work 1 am personallj" cog'ni- 
zant, the character and value of which I believe from my experience I 
am capable of judging. 

Very respectfully, H. W. Lawton, 

Lieutenant- Colonel and Insjjector- General. 



Headquarters Department of the East, 

Governorf! Mand^ N. 1", February 5, 1895. 

Respectfully forwarded. The inclosed letter from Colonel Lawton 
was duly received, but at the time there were objections to granting 
brevets to some officers that I had recommended, and I delayed send- 
ing these papers forward, hoping that 1 should be able to go to Wash- 
ington and personally lay the matter before the authorities. 

I now most earnestly renew the reconmiendation, calling especial 
attention to the letter of Colonel Lawton, which describes one of the 
most laborious, persistent, and heroic campaigns in which men were 
ever engaged, and the fact that Capt. Ijconard Wood, assistant sur- 
geon, volunteered to perform the extraordinary hazardous and dan- 
gerous service is creditable to him in the highest degree. For his 
gallantry on the 13th of July in the surprise and capture of Geronimo's 
camp I recommend that he be brevetted for services on that date. 

Nelson A. Miles, 

Major- General. 

[Second indorsement.] 

Adjutant-General's Office, 

February 15., 1895. 
Respectfully submitted to the Lieutenant-General, with brief in- 
closed, 

J. C. GlLMORE, 

Assistant Adjutant- General. 

[Third indorsement.] 

Adjutant-General's Office, 

Odoher 11. 1897. 
Respectfully submitted to the Major-General Commanding the 
Army. 

W. P. Hall, 
Assistant Adjutant- General. 

[Fourth indorsement.] 

Headquarters of the Army, 

AVasUngtem, D. C, Decemher "28 , 1897. 
Reference to the board which considers medal-of -honor cases desired 
by the Major-General Commanding. 

J. C. Gilmore, 

Assistant Adjutant- General. 



72 confirmation of leonard wood. 

War Department, Office of the Secretary, 

MarcW ^29, 1898. 
By direction of the President a medal of honor is presented to Dr. 
Leonard Wood, U. S. Arnw. 

Throughout the campaign against hostile Apaches in the summer of 
188(5, this officer, then assistant surgeon and serving as medical officer 
with Captain Lawton's expedition, rendered specially courageous and 
able services involving extreme peril and displa}' of most conspicuous 
gallantry under conditions of great danger, hardship, and privation. 
He volunteered to carry dispatches through a region infested with 
hostile Indians, making a journey of 70 miles in one night, and then 
marched 3(1 miles on foot the next dav. For several weeks, while in 
close pursuit of Geronimo's band and constantly expecting an encounter, 
Assistant Surgeon Wood exercised the command of a detachment of 
infantry to which he requested assignment, and that was then without 
an officer, 

R. A. Alger, 
Secretary of War. 

The Secretary of War directs that in this case the medal be engraved 
as follows: 

The Congress 

to 

Capt. Leonard Wood, 

Asst. Surg., U. S. A., 

for 

distinguished conduct in 

campaign against Apache Indians, 

summer, 1886. 

H. C. CORBIN, 

Adjutant- General. 
Adjutant-General's Office, April 4^, 1898. 



Adjutant-General's Office, 

Wash in (J fan, Ajrril 8, 1898. 

Capt. Leonard Wooi>, 

AKslsfaiit Snt'(/eoiu U. S. Aniii/^ 

WOO li Street NW., WasJujujfon, I>. C. 
Sir: I have the honor to transmit herewith, by registered mail, the 
Congressional medal of honor presented to you for distinguished con- 
duct-in the campaign against Apache Indians in the sunniier of 1886, 
as set forth in the letter addressed to vou l)v the Secretarv of War 
under date of March 29, 1898. 

Please acknowlc^dge the receipt of the medal, and also the knot to 
be worn in lieu thei'cof and the ribbon to be worn with the medal, 
hei'etofore furnished you. 

Very respectfully, William II. Carter, 

Assistant Adjutant- General 



CONFIRMATION OF LEONARD WOOD. 73 

1814 G Street NW., 

Washmgton, D. (7., Ajnil lU 1898. 
The Adjutant-General, U. S. Army, 

Wasliington., D. 0. 
Sir: 1 have the honor to hereby acknowledge the receipt of the 
"Congressional medal of honor" awarded nie. I have also the honor 
to acknowledge the receipt of the ribbon and knot. 
Ver}" respectfully, your obedient servant, 

Leonard Wood, 
Cajytain and Assistant Surgeon, U. S. Army. 



War Department, Adjutant-General's Office, 

WasJungton, April 23, 1898. 
Hon. Roger Wolcott, 

Governor of Massachusetts., Boston, Moss. 
Sir: I have the honor to invite the attention of your excellenc}" to 
the merits of Capt. Leonard Wood, U. S. Army, who desires an 
appointment as colonel of a Massachusetts volunteer regiment. Cap- 
tain Wood has had more than twelve years' service as a commissioned 
officer in the Regular Army, and the fact that he has seen arduous 
service on the frontier is shown by the medal of honor which he 
received for conspicuous gallantry in action. He is a man of power- 
ful physiqvie, great intellectuality, and high professional attainments.^ 
1 can not too "highly commend him to the favorable consideration of 
your excellenc3^ 

Very respectful 1}", 

Arthur L. Wagner, 

Assistant Adjutant- General. 



AVashington, D. C, Aj)rn9, 1898. 
The Governor of Massachusetts. 

Dear Sir: It gives me great pleasure to state that I have known 
Capt. Leonard Wood, U. S. Army, personally and by reputation for 
several years. He is a man of excellent character and marked ability 
in every respect. He would be an excellent man in the event of war 
to have command of volunteers, and I most earnestly recommend him 
for such appointment from his State, of which you have the honor to 
be governor. 

Captain Wood is what is known as ''A medal of honor man,"'' having 
won his medal ))v most ably leading a connnand of troops when all of 
its officers had been disabled in one of the hardest and severest cam- 
paigns known to the country in Indian warfare. 

Should you appoint him, you will find that he will do you credit 
and honor j^our State and the United States in case the opportunity 
comes to his command. 

V^ery respectfullv. 

J. C. GiLMORE. 

Lieutenant- Colonel, Assistant Adjutant- General. 



74 CONFIRMATION OF LEONARD WOOD. 

War Department, Office of the Secretary, 

W((sh!ngfon, Apr II 16, 1898. 
My Dear Governor: It is with more than common pleasure to me 
to give to Capt. Leonard Wood, of the United States Army, a letter 
of recommendation to you. 

Captain Wood is especiall}" gifted for the conmiand of men. He is 
a man of great ability and courage, and his experience in the Indian 
wars, and bringing with that experience the entire confidence of the 
Army, confirms all his fi'iends, of Avhom 1 am glad to be one, claim 
for him. 

If, in the trouble that seems to be threatening us and the furnishing 
of troops from 3'our Coiiimonwealth, you can grant to the captain a 
commission, you will give to the Army a most valuable man. 
1 am, yours, very truly, 

R. A. Alger, Secretary of War. 

Governor Roger Wolcott. Bo.^ton, 2fai<s. 



War Department, 

Washington., Ajjril 28., 1898. 
Capt. Leonard Wood, assistant surgeon, U. S. Arm}'^, is hereb}'^ 
authorized to raise and organize, under the second proviso of section 6 
of the act approved April 22, 1898, entitled "An act to provide for 
temporarily increasing the military establishment of the United States 
in time of war, and for other purposes," a regiment of volunteers 
possessing special qualitications as horsemen and marksmen, to be 
designated as the First Regiment of United States Volunteer Cavalry, 
under the rules and regulations prescribed by the War Department. 

R. A. Alger, Secretary of War. 



Sierra Maestra Mining Company, 

JS\m Tori', November 11, 1899. 

The President, Washington, D. C. 

Your Excellency: The undersigned mining engineers having been 
personally in Santiago de Cuba during the yellow-fever season last 
summer naturally acquired some knowledge of the situation and the 
personnel of the administration in that province. 

We take the liberty of calling Your Excellency's attention, which, 
so far as we know, has not been mentioned in the newspapers, the 
great esteem and contidence with which (iren. Leonard Wood is regarded 
by the native i)opulation in the province of Santiago. 

We do not believe that any American on the island is so universalh'^ 
trust(>d and respected Iw all classes of citizens as is this general. Ma}'' 
it not be this fact, in a measure, that accounts for General "Wood's 



CONFIRMATION OF LEONARD WOOD. 75 

expressed belief that he could dispense with some of the military 
power now considered necessarj' on the island? 
Very respectfull}^, 

F. Alba- DE-CosTA. 

Nathaniel Hibbert. 

Hugh F. Griffin. 

Brown. 

[Translation.] 

Ti) the honorahle the Secretary of the United States of America. 

Honorable Sir: As representatives of the "Farmers of the Island 
of Cuba" we hereby request you to inform President MoKinley that 
we are highly satisfied with the measures being taken by the worthy 
Gen. Leonard Wood for the prosperity of our countiy, and that, his 
name being engraved in our hearts, the Cuban people can never forget 
him, for they admire him for his talent and bless him for his virtues. 
Halmna, January 27, 1901. 

Dr. Emilio Acosta, 
President of the Cuban Farmers. 
Carlos C. Rodriguez, 

Secretary. 

GENERAL WOOD'S APPOINTMENT AS BRIGADIER-GENERAL. 

When General Wood was made a brigadier-general in the Regu- 
lar Army by appointment of President McKinley, and by the 
unanimous vote of the Senate, he was advanced over many officers 
who had been longer in the service and who, until then, held 
higher rank than he had held. There might have been at that 
time some propriety in urging objection on such an account to his 
confirmation, but there was no objection of the kind because it was 
then well understood that his promotion by President McKinley 
was because — in the judgment of the President, who, under the 
Constitution and the laws, has a right to select without regard to 
seniority in the appointment of generals — General Wood had ren- 
dered conspicuous and meritorious services and had shown aV)ilities 
and qualifications that well entitled him, in the judgment of the 
President, to the rank he was thus giving him, especially in view 
of the service he was then rendering as militaiy governor of 
Cuba. The Senate and all others who were interested to have 
knowledge on the subject were familiar with the fact that the 
advancement of General Wood at that time was made for these 
reasons; and that, as a result of it, he was given rank over brother 
officers who had theretofore been his superiors. 

That appointment and that confirmation do not seem to be now 
open to objection; l)ut if it is to be considered at all attention is 



76 CONFIRMATION OF LEONARD WOOD. 

called to the testimony of the Seeretaiy of War in regard thereto, 
commencing- at page 859 of the record and continuing to the bottom 
of page 868: 

Secretary Root. May 1 sa}" a word on another fsubject — the subject 
of a ppo i n t m e n ts 'i 

Senator Teller. You mean the appointments of the judges? 

Secretary Root. The appointments of general officers. 

Senator Teller. Oh, yes. 

Secretary Root. I have here a paper containing the names of all the 
gentlemen who were appointed general officers at the time of General 
Wood's appointment. They were agreed upon by Pi'esident McKinley 
and myself, and the question of the order in which the}' were to be 
appointed coming up, it was, on the suggestion of one of us — I do not 
remember which one — determined that 1 should get from the War 
Department a statement of the dates of retirement of the dilt'erent 
officers. I have here that statement, which I took over to President 
McKinley, and he took it and put down a small letter in pencil after 
each name, showing the order in which he wished these officers to be 
arranged. He marked Gen. John C. Hates with a small ''a/' Lloyd 
Wheaton "b," George W. Davis "c," Samuel S. Sumner "d," Leonard 
Wood "e," Robert H. Hall "f," Robert P. Hughes "g," George F. 
Randall "h," William A. Kobbe '^i,'' Frederick D. Grant "j," and 
J. Franklin Pell he did not mark, as he was the only one left of those 
who were to be appointed for service. 

Theodore Schwann and Col. A. F. Daggett were on the list to be 
retired immediately. Those appointments were made in the order 
designated ]>y him, in that way, on that paper, and if you will bear 
with me I would like to state a few facts about the list available for 
appointment. Of course, since the beginning of the war with Spain 
there has been very rapid promotion in some branches of the Army, 
juuch more rapid in some than in others. There have been constant 
and ver}^ great changes. Seven-eighths of all the officers of the Army 
are serving under commissions given since you went out, Senator 
Alger. 

Senator Aloer. Seven-eighths of all the officers? 

Secretary Root. Seven-eighths of all the officers of the Army. 

Senator Foraker. Is it possible ( 

Secretary Root. And it is rather the most satisfactory way of con- 
sidering relative rank for the purposes of promotion to take the rank 
as it stood at the l)eginning of t\w war with Spain. It is a fact that 
there are now in the United States Army onl}- live men who at the 
beginning of the wai" with Spain ever commanded a regiment inaction. 
They are all general officers. They are General Young, General Mac- 
Arthur, General Wade, (jeneral Corbin, and General Randall. 

Senator Foraker. They are all majoi'-generals ? 

Secretary Root. Except General Randall, who stands next in order. 

Senator Fc^raker. So that this promotion of General Wood does 
not put him ahead of anybody who would have )>een entitled, if we 
had looked to seniority at this time, as rank stood at the hegiiming of 
the war? 

Secretary Root. Yes, sir. There are now in the Army only 11 men 
wdio at the beginning of the war with Spain ever commanded a regi- 



CONFIEMATION OF LEONARD WOOD. 



77 



ment, either in war or in peace, either as colonel or lieutenant-colonel. 

Senator Alger. That is most astonishing-. 

Secretary Root. The}- are all generals except one, Col. Jacob Kline, 
of the Twenty-tirst Infantry. As to him, it is appropriate that he 
should be promoted before his retirement. 

Senator Scott, How about my friend, Godwin? 

Secretary Root. He is not in the list. He never commanded a regi- 
ment before the war with Spain, The President has appointed and 
the Senate has confirmed 

Senator Scott, Before you go to that, can you give me the number 
of officers who are now in service who were officers during the civil 
war ? 

Secretary Root. Yes, sir. 

Senator Scott. How many have we left? 

Secretary Root. 1 think there are 135. They did not all serve as 
officers in the civil war. 

Senator Scott. Yes; I mean those who served in the civil war. 

Secretary Root. I think the number is 135. 

The Chairman. Some of them served as enlisted men in the civil 
war. 

Senator Scott. 1 understand. 

Secretary Root. That information has been drawn up and supplied 
by the Adjutant-General. 

The list referred to is here printed in the record, as follows: 

War Department, 

Washington, December 16, 1903. 
The Chairman of the Committee on Military Affairs, 

United States Senate. 
Sir: As requested in letter of the 11th instant from Mr. K. W. Thompson, clerk 
Committee on Military Affairs of the Senate, I have the honor to transmit herewith 
a list of the officers of the Army now on the active list who served in the war of the 
rebellion. 

Very respectfully, Elihu Root, 

* Secretar;/ of War. 

List of officers of the Army nmv on the active list who sensed in the rear oftJie rehellion. 



Present rank. 



Date of orig- 
inal entry 
into the 
service. 



Lieutenant-Goneral 

Major-general 

Do 

Do 

Do 

Do 

Brigadier-general 

Do 1 William A. Kobbe 

Do ' Frank D. Baldwin 



Samuel B. M. Young , 

Adna R.Chaffee 

Arthur Mac Arthur. . 

John C. Bates 

James F. Wade 

Samuel S. Sumner . . . 
George M. Randall . . . 



Do 

Do 

Do 

Do 

Do 

Do 

Major-general 

Major 

Do 

Brigadier-general 

Colonel 

Brigadier-general 
Colonel 

Do 



Theodore J. Wint. 

Jesse M. Lee 

Joseph P. Sanger 

Francis Moore 

Peter C. Hains 

Camillo C. C. Carr .... 

Henry C. Corbin 

Edward Davis 

John D. C. Hoskins ... 

George B. Davis 

Edgar S. Dudley 

Charles F. Humphrey 
Forrest H. Hathaway. 
Joshua W' . Jacobs 



Apr. 25, 
July 22, 
Aug. 4, 
June 26, 
.June 24, 
June 14, 
Apr. 20, 
June 5, 
Sept. 19, 
Oct. 12, 
Nov. 13, 
May 1, 
Sept. 10, 
July 1, 
Aug. 15, 
Julv 28, 
Sept. 20, 
July 8, 
Sept. 10, 
May 28, 
Mar. 17, 
Sept. 4, 
Nov. 10, 



1861 
1861 
1862 
1861 
1861 
1861 
1861 
1862 
1861 
1861 
1861 
1861 
1861 
1857 
1862 
1862 
1862 
1863 
1863 
1864 
1863 
1862 
1861 



78 



CONFIRMATION OF LEONARD WOOD. 



List of officers of t}te Army noiv on tlie active list wJto served in the ii:ar of the rehellion- 

Coiitinued. 



Present rank. 



Colonal 

Lieutenant-colonel . 

Do 

Do 

Do 

Major 

Captain 

Do 

Do 

Do 

Do 

Brigadier-general . . 

Colonel 

Lieutenant-colonel . 

Do 

Captain 

Brigadier-general . . 
Colonel 

Do 

Lieutenant-colonel . 

Do 

Colonel 

Do 

Major 

Do 

Do 

Do 

Do 

Do 

Brigadier-general .. 
Colonel 

Do 

Do 

Do 

Do 

Do 

Do 

Lieutenant-colonel . 

Do 

Major 

Do 

. Do 

Colonel 

Do 

Do 

Do 

Lieutenant-colonel . 

Do 

Brigadier-general .. 

Captain 

Major 

Chaplain 

Do 

Do 

Do 

Professor 

Colonel, eavnlrv 

Do 

Do 

Do 



Name. 



John L. Clem 

George E. Pond 

Crosby P. Miller 

Theodore E. True 

JohnMcE. Hyde 

William W. Robinson, jr. 

Theodore Sternberg 

Thomas Swobe 

Noble H. Creager 

Daniel W. Arnold 

George L. Goodale 

,lohn F. Weston 

William L. Alexander . . . 

Henry B. Osgood 

.Tames N. Allison 

William L. Gearv 

Robert M. O'Reilly 

Charles Smart 

Timothy P2. Wilcox 

Henry S. Turrill 

Edwin F. Gardner 

Frank M.Coxe 

Francis S. Dodge 

John L. Bullis 

Jerome A. Watrous 

William W.Gilbert 

Seymour Howell 

Otto Becker 

Eugene Cofltin 

George L. Gillespie 

Charles R. Suter 

Garrett J. Lyrtecker 

Amos Stickiiey 

Alexander Mackenzie . . . 

Oswald H. Ernst 

David P. Heap •. 

William A. Jones 

Charles J. Allen 

Clinton B. Sears 

Charles F. Powell 

Richard L. Hoxic 

William L. Marshall 

Alfred Mordecai 

John R'. McGinness 

Frank H. Phipps 

John G. Butler 

John Pitman 

Charles Shaler 

Adolphus W. Greelv 

Eugene O. Fechet ." , 

John Tweeiiale 

George Kdliinson , 

Orviiie J. Nave 

Josepli A. Potter 

Charles S.Walkley 

Edward E. Wood 

Thomas C. Lebo 

William M. Wallace 

Edward S. Godfrey 

Charles Morton . . ! 

Earl D. Thomas 



Do 

Lieutenant-colonel, cavalry ' William Stanton 

Do j Edward A. Godwin . . 

Do 1 Samuel L. Woodward 

William H.Beck 

Frank U.Robinson .. 
Samuel W. Fountain. 

Ezra B. Fuller 

Wallace F. Randolph 

George S. Grimes 

Benjamin K. Roberts 

Asher C. Taylor 

Henry W.Hubbell... 
Anthony W. Vogdes. . 

Frank Tliorp 

Louis V. Caziarc 

Peter Leary, jr 



Do. 

Do. 

Do. 

Major, cavalry 

Brigadier-general 

Colonel, artillery 

Do 

Do 

Do 

Do 

Lieutenant-colonel, artillery. 

Do ".. 

Do 



Date of orig- 
inal entry 
into the 
service. 



May 1, 
Dec. 9, 
Sept. 4, 
Apr. 25, 
June 16, 
Mar. 17, 
Aug. 23, 
Dec. 19, 
Aug. 15, 
May 14, 
Oct. 11, 
Nov. 26, 
Sept. 23, 
Sept. 30, 
Aug. 10, 
July 17. 
Jan. 7, 
Nov. 5, 
Jan. 4, 
Feb. 13, 
Mar. 22, 
Nov. 2, 
Oct. 9, 
Aug. 8, 
July If), 
June 26, 
Aug. 19, 
Nov. 22, 
June 1, 
Julv 1, 
"Do. 
Sept. 1, 
Julv 1, 
Sept. 1, 
Julv 1, 

Do. 

Do. 

Do. 
July 24, 
May 10, 
June 13, 
Aug. Ifi, 
Julv 1, 
Julv 1, 

"Do. 

Do. 
July 18, 
Apr. 25, 
July 26, 
Nov. 26, 
Aug. 22, 

Do. 
Aug. 14, 
Nov. 21, 
Sept. 20, 
Sept. 8, 
Apr. 26, 
Mar. 29, 
Apr. 26, 
Julv 29, 
Apr. 1, 
Sept. 13, 
Feb. 13, 
Feb. 
Apr. 
Oct. 
>rav 
May 
Apr. 
Aug. 16 
July 25, 
Apr. 25, 
Apr. 17, 
Aug. 13 
Oct. 14, 
Aug. 16 
Aug. ir 



1863 
1863 
1862 
1861 
1861 
1865 
1862 
1861 
1862 
1864 
1862 
1861 
1862 
1862 
1863 
1861 
1864 
1862 
1865 
1864 
1865 
1863 
1861 
1862 
1861 
1861 
1861 
1861 
1863 
1858 

1860 
1860 
1860 
1860 



1862 
1861 
1861 
1862 
1857 
1859 



1861 
1861 
1861 
1861 
1862 

1862 
1861 
1861 
1862 
1861 
1864 
1861 
1861 
1862 
1862 
1865 
1862 
1861 
1864 
1864 
1864 
1861 
1862 
1863 
1861 
1861 
1863 
1862 
1862 
1862 



CONFIRMATION OF LEONARD WOOD. 



79 



List of officers of the Army noiv on the active list tcho served in the irar of the rebellion — 

Continued. 



Present rank. 




Date of orig- 
inal entry 
into the 
service. 



Lieutenant-colonel, artillery 

Do 

Do 

Major, artillery 

Do 

Do 

Do 

Do 

Colonel, infantry 

Do 



Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 
Do. 



Lieutenant-colonel, infantry 

Do 

Do 

Do 

Do 

Major, infantry 

Do 

Do 



Charles Humphreys 

Alexander D. Schenek.. 

Sedgwick Pratt 

Oliver E. Wood 

Joseph M. Califf 

Charles W. Hobbs 

William E. Birkhimer .. 

Henry A. Reed 

Jacob Kline 

William S. McCaskey ... 

Constant Williams 

S. P. Jocelyn 

William E. Dougherty . . 

John W. Bubb 

Alfred C. Markley 

Henry C. Ward 

Charles H. Noble 

Walter T. Duggan , 

Butler D. Price 

Henry H. Adams 

Owen J. Sweet 

John J. O'Connell 

Samuel R. Whitall 

James Hegan 

Harry L. Haskell 

Charles B.Hall 

P.Henry Ray 

Benjamin C. Lockwood . 

George P. Borden 

James E. Macklin 

Daniel H. Brush 

Charles L. Hodges 

Frank Taylor 

Palmer G.Wood 

George H. Roach 

Lorenzo W. Cooke 



Feb. 

Apr. 

May 

Julv 

Oct. 

Aug. 

Mar. 

Aug. 

Sept. 

Apr. 

July 

Aug. 

Apr. 

Sept. 

July 

July 

June 

June 

Dec. 

Feb. 

Sept. 

Feb. 

May 

June 

Aug. 

Sept. 

Mav 

Oct. 

July 

Apr. 

May 

Aug. 

Oct. 

Oct. 

Feb. 

July 



14,1865 

17. 1861 
26, 1863 

29. 1862 

8. 1863 
19, 1862 
21,1864 

14. 1862 
13, 1861 
20, 1861 
23, 1861 

22. 1863 

10. 1860 

13. 1861 
11,1864 
31,1861 
20, 1861 

13. 1861 

6. 1861 

2. 1864 

6. 1862 

3. 1865 
5, 1864 
1, 1858 

26. 1862 
29, 1862 

7,1861 

2, 1861 

23, 1862 

22, 1861 

22. 1864 

20. 1861 
24, 1860 
28, 1864 
27, 1864 

26. 1862 



AV. P. Hall, Acting Adjutant- Gene7'al. 
Office of the Adjutant-General, December 16^ 1903. 



Secretary Root. Since the l)eginning of the war wdth Spain the 
President has appointed and the Senate has confirmed 120 generals. 
Of those, 25 were colonels at the beginning of the war with Spain. 

Senator Alger. Are you counting the commissions or the men? 
You know some have been appointed two or three times. 

Secretar}^ Root. 1 am counting the men. 

Senator Alger. The men ? 

Secretary Root. Yes. One hundred and twent}' officers had been 
appointed and commissioned as generals; 25 of them were colonels at 
the beginning of the war with Spain; 84 were lieutenant-colonels, 33 
were majors, 24 were captains, 1 was a first lieutenant, 3 were not in 
the service. The three who were not in the service were General 
Grant, General Funston, and General Wheeler. The one first lieuten- 
ant was J. Franklin Bell. Of the 24 who were captains, 20 w^ere for 
retirement, and 21 were civil war officers who were still captains at the 
beginning of the war with Spain. The four captains at the beginning 
of the war with Spain who were made generals for service — continued 
service — and are now serving, are Gen. Frank D. Baldwin, Gen. Jesse 
M. Lee, Gen. Tasker H. Bliss, and Gen. Leonard Wood. 

Senator Teller. How many did you say were in the civil war? 



80 CONFIRMATION OF LEONARD WOOD, 

Secretary Root. Of the captains, 21 were in the civil war. 

Senator Tkller. How many of the whole number made brigadiers 
were in the civil war? ^ 

Secretary Root. I have not that here. 

Senator Tp:li.er. About how many "i 

Secretary Root. Well, probably nineteen-twentieths of them, or 
certainly nine-tenths. 

Senator Teller. The}" were made brigadiers to give them the ben- 
efit of the salary, w^ere the}^ not, and the honor which is what every 
soldier wants? 

Secretary Root. A large part of them were. 

Senator Teller. I am not criticising that, Mr. Secretary. 

Secretary Root. Of those 120, 32 were appointed for service, and 
they served, 11 of them, until their time of retii-ement, counting one, 
General Ludlow, who died, and 21 of them still remain in service. 
That is 32 ont of the 120. You see, the number of older men who can 
be appointed — appointed for service — is very much greater than the 
number of younger men, because they keep running off. 

Senator Teller. Certainly. 

Secretar}^ Root. Thej keep a continual succession, and there are 
really only about half a dozen of the young-er men who have been 
appointed and are giving continuous service. I do not think any injus- 
tice has been done to the older men. I do not think that ^ve have made 
any greater proportion of younger men who can give continuous serv- 
ice than is necessar}^ for the good administration of the Army, 

It is absolutely necessary to have some proportion of our general 
officers men who stay long enough to have a continuous policj^, and 
men who have the vigor and activity that pretty much all of us except 
Senator Pettus have rather passed ])eyond. There are some things 
that 3^ou have to call on general officers to do for which you want a 
man with the full vigor and initiative of the prime of life. 

The lists referred to by Secretary Root are here inserted in the 
record, as follows: 

List of officers now on the active list ivJio, prior to the war idth Spain, ever commanded a 
regiment or its equivalent in action. 

Lieut. Gen. S. B. M. Young. Maj. Gen. H. C. Corbin. 

Maj. Gen. Arthur MacArthur. Brig. Gen. G. M. Randall. 

Maj. Gen. J. F. Wade. 

List of officers on the active list who, prior to the war ivlth Spain, ever commanded a regiment. 

Lieut. Gen. S. B. M. Young. Maj. Gen. S. S. vSumner. 

Maj. Gen. A. R. Chaffee. Brig. Gen. Francis Moore. 

Maj. Gen. Arthur MacArthur, Brig. Gen. G. M. Randall. 

Maj. Gen. J. C. Bates. Brig. Gen. C. C. C. Carr. 

Maj. Gen. .1. F. Wade. Col. Jacob Kline, Twenty-first Infantry. 

Maj. Gen. H. C. Corbin. 



CONFIRMATION OF LEONARD WOOD. 



81 



List No. 4 (a). — General officers appointed and retired, or appointed xritlt a view to imme- 
diate retirement, since April 21, 1898. 



1. Hamilton S. Hawkins 

2. Jacob F. Kent 

3. William S. Worth 

4. William M. Wherry 

5. John H. Patterson 

(). William Sinclair 

7. Marcus P. Miller 

8. Edwin V. Sumner , 

9. Alexander C. M. Pennington 

10. Royal T. Frank 

11. Louis H. Carpenter , 

12. Samuel Oveiishine 

13. Daniel \V. Bnrke 

14. Ed^ar K. Kellogs 

15. Gilbert S. Carpenter 

lO. Henry B. Freeman 

17. Theodore Schwa.n 

18. Aaron S. Daggett 

19. James M. Bell 

20. Francis L. Guenther 

21. Isaac D. DcRussv 

22. Andrew S. Burt 

23. Mott Hooton 

24. Michael V. Sheridan 

25. Simon Snyder 

26. William Auman 

27. Abram A. Harbach 

28. William F. Spnrgin 

29. Samuel M. Whitside 

30. Sumner H. Lincoln 

31. Thomas Ward 

32. Amos S. Kimball , 

33. Chambers McKibbin 

34. William Quinton 

35. John I. Rodgers 

36. Charles C. Hood 

37. Henry C. Hasbrouck 

38. John A. Johnston , 

39. Edward M. Hayes 

40. Charles L. Davis , 

41. Joseph P. Farley 

42. Morris C. Foote 

43. George W. Baird 

44. Samuel M. Mansfield 

45. Tully MeCrea 

46. Eli L. Huggins 

47. Greenleaf A. Goodale 

48. John V. Fiirev 

49. Jared A. Smith 

50. Jacob. B. Kawles 

51. Albert E. Woodson 

52. Stephen W.Groesbeck 

.53. John K.Myrick 

54. Louis H. Rucker 

55. Theodore A. Baldwin 

56. William P. Rogers 

57. John H. Page 

58. Charles A. Woodruff 

59. William L. Haskin 

60. Charles W. Miner 

61. James M. J. Sanno 

62. Charles F. Robe 

63. James W. Reilly 

64. Edwin B. At wood 

65. Frank (t. Smith 

66. George B. Rodnev 

67. Almond B. Wells 

68. Peter J. A. Cleary 

69. John B.Babcock 

70. Charles A . Coolidge 

71. Cyrus S. Roberts 

72. J.Milton Thompson 

73. Calvin De Witt 

74. Carle A. Woodruff 

75. David H. Kinzie 

76. John L. Tiernon 

77. James Miller 

78. David J. Craigie 

79. Alpheus H. Bowman 



Date of 
appointment. 



Sept. 28, 1898 
Oct. 4, 1898 
Oct. 29,1898 
Jan. 7, 1899 
Jan. 18,1899 
Feb. 8, 1899 
Feb. 15,1899 
Mar. 27,1899 
Oct. 16,1899 
Oct. 17,1899 
Oct. 18,1899 
Oct. 19,1899 
Oct. 20,1899 
Dec. 5, 1899 

do 

Jan. 16,1901 
Feb. 2, 1901 
Feb. 21,1901 
Sept. 17,1901 
Feb. 13,1902 
Apr. 1,1902 

do 

Apr. 15,1902 

do 

Apr. 16,1902 

do 

Mav 16,1902 

....:do 

Mav 29,1902 

.....'do 

Julv 22,1902 
1,1902 
2, 1902 

6. 1902 
14, 1902 

18. 1902 
1,1902 

6. 1903 

15. 1903 
26, 1903 

Feb. 17,1903 
Feb. 18,1903 
Feb. 19,1903 
Feb. 20,1903 
Feb. 21,1903 
Feb. 22,1903 
Feb. 23,1903 
Feb. 24,1903 
Apr. 13,1903 
Apr. 14,1903 
Apr. 1.5,1903 
Apr. 16,1903 
Apr. 17,1903 
Apr. 18,1903 
Apr. 19,1903 
Apr. 20,1903 
July 26,1903 
July 27,1903 
Julv 28,1903 
July 29,1903 
July 30,1903 
July 31,1903 
Aug. 1,1903 



Oct. 
Oct. 
Oct. 
Oct. 
Oct. 
Dec. 
Jan. 
Jan. 
Jan. 



2, 1903 
3, 1903 
4,1903 
5, 1903 
6, 1903 
7, 1903 
8, 1903 



Aug. 
Aug. 
Aug. 
Aug. 
Aug. 
Aug. 
Aug. 

do 

Aug. 9, 1903 

do 

Aug. 10,1903 

do , 

Aug. 11,1903 

do , 

Aug. 12,1903 
do 



Date of 
retirement. 



Oct. 
Oct. 
Oct. 
Oct. 
Dec. 



Oct. 4, 1898 
Oct. 15,1898 
Nov. 9, 1898 
Jan. 18,1899 
Feb. 6, 1899 
Feb. 13,1899 
Mar. 27,1899 
Mar. 30,1899 
Oct. 17,1899 
18,1899 
19, 1899 
20, 1899 
21,1899 
16, 1899 
Dec. 26,1899 
Jan. 17,1901 
Feb. 21,1901 
Mar. 2, 1901 
Oct. 1, 1901 
Feb. 22,1902 
Apr. 15,1902 

Do. 
Apr. 16,1902 

Do. 
Mav 10,1902 

'Do. 
May 28,1902 
May 29,1902 
June 9,1902 

Do. 
July 22,1902 
2, 1902 
3, 1902 
9, 1902 
15,1902 
Nov. 25,1902 
Jan. 5,1903 
«Jan. 15,1903 
Jan. 26,1903 
Feb. 10,1903 
Feb. 18,1903 
Feb. 19,1903 
Feb. 20,1903 
Feb. 21,1903 
Feb. 22,1903 
Feb. 23,1903 
Feb. 24,1903 
Feb. 2.5,1903 
Apr. 14,1903 
Apr. 15,1903 
Apr. 16,1903 
Apr. 17,1903 
Apr. 18,1903 
Apr. 19,1903 
Apr. 20,1903 
Apr. 21,1903 
Julv 27,1903 
Julv 28,1903 
Julv 29,1903 
July 30,1903 
Julv 31,1903 
Aug. 1,1903 



Oct. 
Oct. 
Oct. 
Oct. 



Aug. 
Aug. 
Aug 
Aug. 
Aug. 
Aug. 
Aug. 
Aug. 



1903 
3, 1903 
4, 1903 
5, 1903 
6, 1903 
7, 1903 
8, 1903 
9,1903 



Do. 
Aug. 10,1903 

Do. 
Aug. 11,1903 

Do. 
Aug. 12,1903 

Do. 
Aug. 13,1903 

Do. 



a Resigned 



82 



CONFIRMATION OF LEONARD WOOD. 



List No. 4 (a). — General officers appointed and retired, or appointed tvith a view to iinme- 
diate retirement, since April 21, 1898 — Continued. 



Date * Date of 

appointment, retirement. 



Name. 



80. Edmund Rice Aug. 13, 1903 

81. Charles G. Pennev do 

82. Jesse C. Chance I Aug, 14, 1903 

83. Theodore F. Forbes do 

84. Daniel D. Wheeler 

85. Leon A. Matile 

86. Charles L. Cooper 

87. John A. Kress 

88. John Simpson 



Aug. 1.5, 1903 

do 

Aug. 16, 1903 

do 

Aug. 17. 1903 



Aug. 14, 1903 

Do. 
Aug. 15, 1903 

Do. 
Aug. 16, 1903 

Do. 
Aug. 17, 1903 

Do. 
Aug. 18, 1903 



List No. -4 (b). — General officers who ivere appointed withaview to service, and who served 
out their terms, since April 21, 1898. 



1. Guy V. Henry 

2. Thomas M. Anderson. 

3. William IjUdlow 

4. Joseph WluH'liT 

5. Loyd Wlieaton 

6. George W. Davis 

7. Robert H. Hall 

8. Robert P. Hughes 

9. Jacob H. Smith 

10. William H. Bisbee .... 

11. Charles Bird 



Date of 
appointment. 



Oct. 11,1898 
Mar. 31,1899 
Jan. 21,1900 
June 16,1900 
Feb. 2,1901 

do 

Feb. 5, 1901 

do 

Mar. 30,1901 
Oct. 2, 1901 
Apr. 16,1902 



Date of re- 
tirement or 
death. 



aOct. 
Jan. 

"Aug. 
Sept. 
July 
July 
Nov. 
Apr. 
July 
Oct. 
June 



27. 1899 
21,1900 

30. 1901 

10. 1900 

15. 1902 
21,1903 

15. 1901 

11. 1903 

16. 1902 
1,1902 

17, 1902 



a Died. 



List No. 4 (c). — General officers now in service who were appointed since April 21, 1898. 



Name. 


Date of 
appointment. 


Name. 


Date of 
appointment. 


1. Samuel B. M. Young 


Jan. 2,1900 

Do. 
Feb. 2, 1901 
Feb. 4, 1901 

Do. 

Do. 
Feb. 6, 1901 

Do. 
Feb. 18, 1901 
Feb. 19,1901 
Apr. 1, 1901 


12. Frank D. Baldwin 


June 9,1902 
Do. 


2. Arthur MacArthur 


13. Theodore J. Wint 


3. John C. Bates 




June 17, 1902 


4. Adna R. Chaffee 


15. William H.Carter . . 


July 15 1902 


5. Samuel S.Sumner 


16. Tasker H. Bliss 


July 21,1902 


6. Leonard Wood 




July 23,1902 


7. George M. Randall 


18. Francis Moore 

19. Peter C. Hains 


Feb. 25,1903 
Apr. 21,1903 
Aug. 17,1903 


8. William A. Kobb6 


9. Frederick D.Grant 


20. Camillo C. 0. Carr 


10. J. Franklin Bell 


j 21. Thomas H. Barrv 


Aug 18 1903 


11. Frederick Funston 








; 





CONFIRMATION OF LEONARD WOOD. 



83 



List No. 5. 



-General officers appointed mice April 21, 1898, with rank held by them at 
the commencement of the Spanish-American tear. 



Name. 



1. Samuel B. M. Young.. 

2. Samuel S. Sumner 

3. Guy V. Henry 

4. Edwin V. Sumner 

6. Louis H. Carpenter . . . 

6. William Sinclair 

7. Marcus P.Miller 

8. Alexander C. M. Pen 

nington. 

9. Royal T. Frank 

10. Erancis L. Guenther.. 

11. John I. Rodgers 

12. John C. Bates 

13. Thomas M. Anderson. 

14. Robert H. Hall 

16. Hamilton S. Hawkins. 

16. Jacob F. Kent 

17. Samuel Ovenshine 

18. Isaac D. De Russv 

19. Andrews. Burt 

20. SiiiKin Siivder 

21. John H. i'age 

22. Michael V. Sheridan.. 

23. Thomas Ward 

24. Peter C. Hain.s 

2^. Jared A. Smith 

26. Adna R. Chaffee 

27. Samuel M. Whitside 

28. Theodore A. Baldwin., 

29. Henry C. Hasbrouck .. 

30. Tully McCrea 

31. Jacob B. Rawles 

32. William L. Haskin 

33. Frank G. Smith 

34. George M. Randall 

35. Lovd Wheaton 

36. Wi'lliam H. Bisbee 

37. William S.Worth 

38. William M. Wherry. .. 

39. John H. Patterson 

40. Daniel W. Burke 

41. Edgar R. Kellogg 

42. Gilberts. Carfjcnter... 

43. Henry B. Freeman 

44. Aaron S. Daggett 

45. Abram A. Harbach 

46. Chambers McKibbin .. 

47. Charles C. Hood 

48. Arthur MacArthur 

49. Theodore Schwan 

50. John B. Babcock 

51. Robert P. Hughes 

52. Amos S. Kimball 

53. John V. Furey 

54. Eflwin B. Atwood 

55. John Simpson 

56. Charles A. Woodruff .. 

57. Peter J. A. Cleary 

58. William Ludlow 



Rank held at com- 
mencement of Span- 
ish-American war. 



Colonel of cavalry. 

Do. 

Do. 

Do. 

Do. 
Colonel of artillery. 

Do. 

Do. 

Do. 

Do. 

Do. 
Colonel of infantry. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Colonel, Adjutant- 
General's Depart- 
ment. 

Do. 
Colonel, Corps of 
Engineers. 

Do. 
Lieutenant-colonel 
of cavalry. 

Do. 

Do. 
Lieutenant-colonel 
of artillery. 

Do. 

Do. 

Do. 

Do. 
Lieutenant-colonel 
of infantry. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Lieutenant-colonel, 
Adjutant-Gener- 
al's Department. 

Do. 

Do. 
Lietitenant-colonel, 
Inspector-Gener- 
al's Deiiartment. 
Lieutenant-colonel, 
Quartermaster's 
Department. 

Do. 

Do. 

Do. 
Lieutenant-colonel, 
Subsistence De- 
partment. 
Lieutenant-colonel, 
Medical Depart- 
ment. 
Lieutenant-colonel, 
Corps of Engi- 
neers. 




59. 



89. 



92. 

93. 

94. 

95. 

96. 

97. 

98. 

99. 
100. 
101. 
102. 
103. 
104. 
105. 
106. 
107. 
108. 
109. 

no. 

111. 
112. 
113. 
114. 
115. 

116. 

117. 

118. 
119. 
120. 



Joseph P. Farley 

Theodore J. Wint 

Francis Moore 

Camillo C. C. Carr 

James M. Bell 

Edward M. Hayes 

Eli L. Huggins 

Elbert E.Woodson 

Louis H. Rucker 

Almond B. Wells 

William A. Kobb6 

John R. Myrick 

George B. Rodney 

Carle A. Woodruff 

David H. Kinzie 

John L. Tiernon 

George W. Davis 

Jacob H. Smith 

Mott Hodton 

William F. Spurgin 

Charles W. iliner 

James M.J. Sanno 

Charles F. Robe 

William H. Carter 

Thomas H. Barry 

Joseph P. Sanger 

Stephen W. Groesbeck. 

Charles Bird 

Daniel D. Wheeler 

Calvin DeWitt 

George W. Baird 

Samuel M. Mansfield . . 

James W. Reilly 

John A. Kress 

John A. Johnston 

Charles L. Cooper 

Frank D. Baldwin 

Jesse M. Lee 

William Auman 

Sumner H. Lincoln 

William Quinton 

Charles L. Davis 

Morris C. Foote 

Greenleaf A. Goodale.. 

William P. Rogers 

Charles A. Coolldge 

Cyrus S. Roberts 

J. Milton Thompson . . . 

James Miller 

David J. Craigie 

Alpheus H. Bowman .. 

Edmund Rice 

Charles G. Penney 

Jesse C. Chance 

Theodore F. Forbes 

Leon A. Matile 

Ta,sker H. Bli.ss 

Leonard Wood 

J. Franklin Bell 

Frederick D. Grant 

Frederick Funston. 
Joseph Wheeler. 



Rank held at com- 
mencement of Span- 
ish-American war. 



Lieutenant-colonel, 
Ordnance Depart- 
ment. 
Major of cavalry. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Major of artillery. 

Do 

Do. 

Do. 

Do. 

Do. 
Major of iiifantry. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Major, Adjutant- 
General's Depart- 
ment. 

Do. 

Do, 
Major, Judge-.\dvo- 
cate-General's De- 
partment. 
Major, Quartermas- 
ter's Department. 

Do. 
Major, Medical De- 
partment. 
Major, Pay Depart- 
ment. 
Major, Corps of En- 
gineers. 
Major, Ordnance De- 
partment. 

Do. 
Captain of cavalry. 

Do. 
Captain of infantry. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 

Do. 
Captain, Subsist- 
ence Department. 
Captain, Medical De- 
ment. 
First lieutenant of 

cavalry. 
Not in service. 

Do. 

Do. 



84 CONFIRMATION OF LFONAKD WOOD. 

1 want to sa\' this, that there was a remark made here by General 
^A'ilson in his testimony which was quite gratuitous, and certainly 
was not speaking of things within his knowledge, and that was regard- 
ing the way in which the appointments of officers were made; that the 
members of the Caljinet sat down at the table and one man proposed 
one man and another one proposed another man, and so on. I have 
never known such a thing to be done. There has never been a pro- 
motion made during my knowledge, and 1 am quite sure that Secre- 
tary Alger can say the same for himself, except on the military record 
of the officer. 

The practice is, invariably, when a vacancy is to be tilled, to get 
together the full records of all the available officers, of every one who 
is suggested in any reasonal)le way ])y any military authority for con- 
sideration, and to take them all to the President and to sit down and 
go over the record and discuss what each man has done and Avhat his 
superior officers have said about him, and there is not one man on this 
list who has been appointed for service who was not appointed on the 
recommendation of his superior officers; not one. 

Senator Fokakek. If you know, and I understand that you have 
conferred with him a])out it, does the President take into consideration 
in this nomination of General Wood anything else than his merit as 
.an officer, measured by his record and ))y his general qualifications and 
attainments ^ 

Secretary Root. I do not think he did. I do not think he did. Of 
course he is a friend of General Wood's, but 

Senator Foraker. General Wood is now the ranking and senior 
brigadier-general after General Sumner, with whom his name came in. 

Secretary Root. Yes; he is now in the same relative rank which 
President McKinley put him on this paper that I produced here. Pres- 
ident Roosevelt would be called upon to put him out of that rank and 
to dissent from the judgment of President McKinley if he had failed to 
nominate him. 

Senator Foraker. Can you tell us whether or not when President 
McKinle}' made him a brigadier-general and made him the military 
governor of Cuba, he had in view anything else than his qualifications 
and the good of the serviced 

Secretary Root. I do not think he had. He was made governor- 
general of Cuba on my recommendation. President McKinley did not 
suggest it. There was a singular situation in Cuba. General Brooke 
was in supreme command there, and he had four department com- 
manders, Fitzhugh Lee in Pinar del Rio, General Ludlow in Hal)ana, 
Gen. James H. Wilson in Matanzas, and General Wood in Santiago. 
Gen. Fitzhugh Lee's department was Pinar del Rio and the province 
of Habana. 

The Chairman. They had been consolidated then? 

Secretary Root. There were four departments. The city of Habana 
General Ludlow had. General Wilson had Matanzas and Santa Clkra, 
and General Wood had Santiago and Pu(M-to Principe. I have a very- 
high opinion of General Brooke. I think he is a fine soldier and a fine 
and noble gentleman. I have the highest regard for him. But 1 felt, 
after studying very thoroughly the situation in Cuba, availing nu'self 
of every possible means to get information about it, 1 felt bound to 
say to the President that I did not think that General Brooke by train- 
ing and the character of his mind and long habit of his life was adapted 



CONFIRMATION OF LEONARD WOOD. 85 

to perform the work which was to be done there, and I thought that 
we would have to relieve him, and the natural thing wou\d be to put 
some one of the department commanders in his place. He said that 
there was one whom he could not feel safe in putting- in command, and 
that was General Wilson. And he said that General Wilson had made 
a speech during a recent visit of President McKinlev to Atlanta, I 
think. 

Senator Foraker. It was Macon. 

The Chair^iax. Yes; Macon. 

Secretary Root. Macon? 

Senator Aluer. Yes; I stood beside him when he made that speech. 

Secretary Root. He said that that speech had satisfied him that 
General Wilson's judgment w-as bad and that he was not a safe man to 
put in such a position, and I then sent for General Ludlow" and sent 
for General Wood and I went over the subject with General Ludlow 
first — he got here first — and I sent him a-way, telling him that we were 
going to put a new man in and that the question would be between 
him and General Wood, and it w^ould be decided ))efore very long. 

Then General Wood came and I talked with him. I had never seen 
the man in my life before, except I think I met him at a public dinner 
once, and on everything that I could learn from what he had been 
doing at Santiago he was the best man that w^e could put our hands 
on to do the business in Cuba; and I can tell you that it was a pretty 
serious business. 

There were not a dozen men in Cuba Avho believed that the United 
States was going to keep faith with them, not a dozen men in Cuba 
who believed that we were going to carry out 3'our resolution. Senator, 
and we were on the verge daily of the same sort of thing that hap- 
pened to us in the Philippines, of having those people, who had fought 
for their independence for years and who believed that we were going 
to hold them in subjection in the same way that Spain had held them, 
take to the woods and begin another insurrection against us. And I 
can tell you that I had an uneasy life for a long time with the appre- 
hension that the morning paper when I looked at it any morning might 
contain the news of American troops firing on Cubans, and there was 
not anything but the necessity of getting the best man that we could 
to do that most serious and difficult work, and 1 went to President 
McKinlev and told him that I was satisfied that General Wood was the 
man, and he said, "All right; go ahead." 

Now, I want to say one thing more. 1 want to say that from 
December, ISltO, until General Wood came out of Cuba in May, 1902, 
I kept track of what was done, and studied the subject as carefully as 
any business man ever studied his own business, or any lav/yer ever 
studied a case which he was to try. I went to Cuba three times and 
went all around the island and visited the camps and the army posts 
and the prisons and hospitals and as} lums and the schools and public 
works; I talked with everybody I could get hold of and got all the 
information I could get hy conversation with soldiers and civilians 
and Americans and Cubans. I read the reports and 1 directed the 
course of the Government in Cuba, and I knew what was going on; 
and I feel under a debt of the greatest gratitude to General Wood for 
what 1 think is one of the most conspicuous and meritorious pieces of 
work ever done bv an American. 



86 



CONFIRMATION OB^ LEONARD WOOD. 



THIS PROMOTION DOES NOT "JUMP" ANY OTHER OFFICER. 

There seems to he an opinion widel}^ entertained that General Wood is 
now bj^ this appointment being '' jumped " over other officers senior to 
him in rank and of longer and more important service. Such is not the 
case. General Sumner and General Wood were, when this nomina- 
tion was made, the ranking brigadier-generals of the Army. Both 
were at the same time nominated, to fill the two vacancies then 
occurring, to be major-generals. General Sumner has been con- 
firmed. Only one vacancy in the rank of major-general remains, 
and that is the one to which General Wood has been appointed. 

It w^ould seem to be enough, in view of his good record, to justify 
the President in giving him this appointment, that he is now the 
ranking brigadier-general, and naturally the first man to be consid- 
ered of the whole Army in connection with such an appointment. 
It will not be contended — or at least it has not been contended by 
anyone — that in appointing a major-general to fill the vacancy now 
existing the President should select for that appointment any officer 
■ of the Army below the rank of brigadier-general. That is to say, no 
colonel or lieutenant-colonel or other officer of less rank has been sug- 
gested as worthy to be advanced ovev all the 15 l)rigadier-generals of 
the Arm}' to the rank of major-general. 

If, therefore, the question of determining who shall have this 
appointment must be confined, as it is, to the 15 brigadier-generals, 
a mere glance at their respective records will show that, while all are 
apparently capable and efficient officers, not one of them has a better 
claim, by reason of his past record and experience as a commander, 
than has General Wood; and, in the opinion of the committee, 
no one has, in view of his present rank, equal claim to him on the 
ground of merit, measured by the considerations suggested. 

An examination of the following table, made up from an inspection 
of the records of the 15 brigadier-generals of the Arm}' now in 
service on the active list, will disclose not onlv that General Wood 
is fairly entitled to this nomination, but that it would be a dis- 
crimination against him to gixe it to an}- other of his colleagues of 
that rank. 



Name, rank, date of 


Service in the Army. 








commission, and 
highest brevet rank. 


In vohmteers, with high- 
est brevet rank beyond 
lineal commission. 


In permanent establish- 
ment. 


Highest command. 


BRIGADIER GENERALS. 








Wood, Leonard 


col. 1 U. S. cav . . 8 may, 98 asst. siirg 5 jan. 86 before war, ind. scouts. 


4 feb. 1901 


brig, gen 8 July, 


accepted 11 aug. 




accepted 18july, 


capt. asst. surg. 5 Jan. 91 begin'g war, regt. com. 


Graduate Har- 


maj.gen 7 dec. 


brig, gen 4 feb. 1901 during and since war. 


vard, 1884. 


accepted 17 dec. accepted '.i mar. brigade mil. dcpt. and 




hon.dis 13 apr. 99; division 12,000 men. 




brig, gen 13 apr. 


di.st. service, Geronimo 




accepted 14 apr. 


1 camp; Cuba-June 98- 




maj . gen 5 dec. 


1 May 1902. 




accepted 13 dec. 






hon. dis 30 June, 1901 







CONFIRMATION OF LEONARD WOOD. 



87 



Name, rank, date of 
commission, and 
highest brevet rank. 



BRIGADIER GEXERAI-S 

— continued. 

Randall, George M. 

6 feb. 1901 

Bvt. Col., feb. 27, 
90. 



Kobb4,W.A.6 feb. 1901 

Bvt. Maj., Mar. 2, 

67. 
Graduate of the Artil- 
lery School, l!S73. 



Grant, Frederick D. 
18 feb. 1901 



Bell, J. Franklin, 

19 feb. 1901 



Funston, Frederick, 
1 apr. 1901 



Baldwin, Frank D.. 



Service in the Army. 



In volunteers, with high- 
est brevet rank beyond 
lineal commission. 



pvt. CO. A, 4 Pa. inf 

20 apr. 61 

discharged 25 July, 

maj. 14 N.Y. art. 16 aug. 64 

bvt. col 26mar. 6.5 

It. col. 14 N.Y. art 

l,Tune,65 
hon. must. out. .26 aug. 65 

brig, gen 4 May, 98 

accepted 27 June 

hon. dis 12 apr, 99 

brig, gen 20 Jan. 1900 

accepted 6 feb. 

vacated 5 mar. 1901 

pvt. CO. K,7N.Y. 

s. m 5june,<'i2 

discharged 5 sept 

pvt. CO. G, 178 N. 

Y. inf 29 may, 63 

to 18 Oct. 

1 lt.l78N.Y.inf.l8oct. 

bvt. It. col 13 mar. 65 

capt.l78N.Y.inf. 2 aug. 
hon. must. out.. 1 mar, 66 
col. 35 U.S. inf.. 5 July, 99 

accepted 13 July. 

brig, gen 5 dec. 

accepted 16 dec. 

vacated 28 feb. 1901 

brig, gen 27 may, 98 

accepted 2 June, 

hon. dis 15 apr. 99 

brig, gen 15 apr. 

accepted 15 apr. 

vacated 28 feb. 1901 

maj.eng. off 17 may, 98 

accepted 7 June, 

hon. dis 17 apr. 99 

maj. a. a. g 17 apr. 

accepted 20 apr. 

vacated 12julv, 

lt.col.32 U.S. inf. 5july, 
[declined.] 

col. 36 U.S. inf.. 5 July, 

accepted 12july, 

brig, gen 5 Dec. 

accepted 24 Dec. 

vacated 1 mar. 1901 

col.20Kans.inf. 13 may, 98 

hon. dis 4 may, 99 

brig, gen 1 may, 

accepted 5 may, 

vacated 1 apr". 1901 

2 It. Mich, horse- 
guards 19 sept. 61 

hon. must. out. .22 nov. 
1 It. 19 Mich, inf .12 aug. 62 

capt 23 Jan. 64 

hon. must. out. .10 ]une,65 
It. col. ins. gen . 9 may, 98 

accepted 20 June, 

hon. dis 12 ma v,99 



Wint, Theo. J, 9 June, 
1902. ' 



pvt., corpl., and 
.sgt. CO. F, 6 Pa. 

cav 12 oct. 61 

to 1 julv, 64 
1 It. 6 Pa. cav... 1 July, 
hon. must 30 sept. 



In permanent establish- 
ment. 



Highest command. 



2 It. 4 inf 24 oct. 61 

accepted 6 nov. 

1 It 6 nov. 62 

capt 23 sept. 65 

una^signed 23 mar. 69 

assd to 23 inf ... 1 Jan. 71 

maj. 4 inf 15 Jan. 91 

It. col. 8 inf 1 mar. 94 

col. 17 inf 8 aug. 98 

trs. to 8 inf 16 sept. 

brig, gen 6 feb. 1901 

accepted 5 mar. 

2 It. 19 inf 17 mar. 66 

accepted 5 may 

trs. to 37 inf 21 sept. 

lit 2 feb. 67 

trs. to 3 inf 11 aug. 69 

trs. to 3 art 5 feb. 

capt 6 apr. 85 

maj 8 mar. 98 

brig, gen 6 feb. 1901 

accepted 28 feb. 



cadet MA 1 July, 66 

2 It. 4 cav 12 June, 71 

1 It 28 June, 76 

resigned 1 oct. 81 

brig, gen 18 feb. 1901 

accepted 28 feb. 

cadet M. A 1 sept. 74 

add. 2 It. 9 cav . .14 june,7S 

2 It 28 June 

tr. to 7 cav 9 aug. 

lit 29 dec. 90 

capt 2 mar. 99 

brig, gen 19 feb. 1901 

accepted 1 mar. 



brig, gen 1 apr. 1901 

acce ted 1 apr. 



2 It. 19 inf 23 Feb. 66 

lit 23 Feb. 

accepted 10 may, 

trs. to 37 inf ...21 Sept. 

trs. to 5 inf 19 may, 69 

capt 20 may, 79 

maj 26 apr. 98 

trs.' to 3 inf 3 nov. 99 

It. col. 4 inf 18 dec. 

trs. to 1 inf . . .23 July, 1901 
col. 27 inf ....26 July, 

brig, gen 9 .June, 1902 

accepted 28 June, 

pvt. gen. mtd. 
ser 20 feb. 65 

to 1 dec. 

2 It. 4 cav 24 nov. 

accepted 1 dec. 

lit 9 may, 6(1 

capt 21 apr". 72 

maj. 10 cav 6mav,92 

It. col. 6 cav 8 apr. 99 

col 23 feb. 1901 

brig, gen 9 June, 1902 

accepted 28 June. 



before war, regt. in ab- 
sence of colonel. 

beginning war, brigade 
troops in camp, no ac- 
tion. 

during war, brig, troops 
in camp for short time. 

since war, mil. dept. about 
3,000 men. 

dist. service, scouting 
after I«dians as capt. of 
inf. 



before war, co. art. on At- 
lantic sea coast. 

beginning war, batl. art. 

during war, brigade des- 
ultory actions in Philip- 
pines; about 4,000 men. 

dist. services, about two 
years as subordinate 
commander in Philip- 
pines. 



before war, none. 

beginning of war, brig, 
gen. in command of 
brigade about3,000men. 

distinguished services; 

before war. none, 
beginning of war, none, 
during war, regiment and 

brigade, about 3,000 

men. 
distinguished service 

Pacified Samar. 



before war, none. 

beginning of war, regi- 
ment of infantry. 

during war, brigade about 
3,000 troops. 

distinguished services, 
captured Aguinaldo. 

before war, capt. inf. 

beginning war, staff offi- 
cer. It. col. 

during war, col.; later 
brig. gen. 

highest command mil. 
dept. about 4,000 men. 

di.st. services, took Morro 
fort. 



before war, squadron cav. 



beginning war, S(iuadron 

cav. 
during war, regt. cav.; 

later brig. gen. comdg. 

brigade, about 4,000 

men. 



88 



CONFIRMATION OF LEONARD WOOD. 



Name, rank, date of 
commission, and 
highest brevet rank. 



BRIGADIER GENERAXS 

— continued. 

Lee, Jesse M., 17 June, 
1902. 



Service in the Army. 



In volunteers, with high- 
est brevet rank beyond 
lineal commission. 



In permanent establish- 
ment. 



pvt. CO. B, and 2 It. 39 inf 28 July, 66 

com. sgt, 59 lit 7 Jan. 64 

Ind. inf 13 nov. 61 accepted 2.5 Jan. 

tolSoct. 62tr.s. to 25 inf....20apr. 69 

2 It. 59 Ind. inf . .13 oct. luna.ssigned 24 apr. 

lit 14 feb. 63'assgd. to 9inf....] Jan. 71 



Highest command. 



company of inf. 
beginning war, none; staff 

officer, major; Inter, col. 

vols, comiig. regi.; later, 

brig gen. comdg. brigade 

about 3,000 men. 



leapt 11 aug. leapt 1 may. 79 distinguished .services: 



hon. must, out.17 July, 65|maj 26 apr. 98 

'capt. 38 U. S. inf .23 aug. jtrs. to 15 inf 7 aug. 1900 

Ihon. must, out .25 Jan. 67!lt.col.6 inf 9 oct. 

|maj. ins. gen . . .12 may,98lcol. 30 inf 8 oct. 1901 

[declined.] Ibrig. gen 17 June, 190:" 



Carter, William H. 
15 July, 1902. 



col. 10 U. S. inf .31 may,98 

accepted 13 June 

hon. dis 8 July, 



Bliss, Tasker H., 

21 July, 1902 



It. col. chf. com. sub. 

9 may , 

accepted 9 June, 

hon. dis 13 June, 



98 



pacified Li's district in 
Philippines. 



accepted 28 June, 



cadet, M. .\ 1 July, 68 before the war, troop of 

2 It. 8 inf 13 June, 73 cavalry. 

tsr. to 6 cav 28 nov. 74 beginning of war, none; 

lit 14 apr. 79 staff officer in adjt. gen- 

capt 20 nov. 89 cral's olhce. 

maj. a. a. g 29 jan. 97:during war, none: staff 

accepted 6 febj officer: later brigadier 

It. col. a. a. g ..18 may, 98 general; no command. 



col. a. a. g. . . . 15 apr. 1902 

brig, gen 15 July, 1902 

accepted 15 July. 

cadet M. A 1 sept. 71 

2 It. 1 art 16 June, 75lbeginning of war, none 



dist. services, reorganiza- 
tion of war dept. 

before war, none. 



lit 1 July, 



Honorary gradu 

ate of the j\rtil-|brig. gen 26 apr. 1901 leapt. com. sub.. 20'dec. 92 

lerv School, 1884 



accepted 7 may, 

hon. dis 20 June, 



Sanger, Jos. P., 

23 July, 0'.; 

Bvt. Maj. mar. 13, 



Honor graduate 
of the Artillery 
School, 1869. 



Moore, Francis 



accepted 23 dec 

[maj, com. sub .. 30 apr. 9! 

Ibrig. gen 21 July, 190: 

accepted 21 July, 



Hains, Peter C. 



Bvt. Lt. Col., Mar. 
18, 65. 



2 It. ] art' 5 aug. 61 

It. 1 Mich. inf.. 1 may, 61 accepted 26 aug. 

hon. must. out. . .7 aug. 1 It 26 oct. 

It. col. ins. gen.. 9 may, 98|Capt. 7 cav. [decl'd] 

accepted 18 may, ; 

brig, gen 27 may, jcapt. 1 art 7 feb. 75| 

accepted 4 June, jmaj. ins. gen 12 feb. 89 

hon. dis 12 June, 99;accepted 2 mar. 

It. col. ins. gen.. 7 July, 98 

col. ins. gen 2 feb, 1901 

brig, gen 23 July, 1902 

accepted 23 j nly , ] 

pvt. and sgt. co. J2 It. 9 cav 28 July, 66 before the war. .squadron 

M, 1 Colo. cav. 10 sept. 61|accepted 21 nov. | cavy. 

to 29 dec. 631 It 12 July, 67 beginning of war, none; 



staff otfieer. 

during war, none; staff 
officer; director of cus- 
toms, Cuba; later brig, 
gen., no command. Dis- 
tinguished .services asdi- 
rector of customs, Cuba, 
throughout administra- 
tion American Govern- 
ment. 

before the war, battery of 
artillery. 

beginning of war. brigade 
incampatChickamauga. 
28 July, 66;during war. brig. gen. 
vols, brigade. 7,000 men; 
dist. services as subor- 
dinate comdr. Philip- 
pines. 



start' duty. During war, 
regt. cavalry; later brig, 
gen. 
dist. .services, an Indian 
fighter; subordinate 
commander in Philip- 

hoh.must. out .. 8 jan. 67j ' 1 pines. 

brig, gen 27 may, 98iCadet M. A 1 July, 57 before the war, none. 



capt. 65U. S.c. inf 29dec 
It. col. 25 U. S.c. 

inf IS feb. ^ 

bvt. It. col 13 mar. 

hon. must, out . .21 June, 
maj.65tT.s.cinf.21 June 



leapt 24 aug. 72 

jmaj. 5 cav 28 July, 92 

) It. col. 10 cav 6 may, 99 

Icol.ll cav 2 fell. 1901 

brig, gen 

laccepted 



accepted 4 June, 

hon. dis 30 nov. 



2 It. 2 art 24 June, 61 beginning tif war, brig. 



1 It 24 June, 

trs. to top. eng. .24 July, 62 

trs. to eng 3 mar. 63 

capt 18 July, 

maj '22 sept. 70 

It. col Kl.sept. 86 

col 13 aug. 95 

brig gen 

accepted 



gen. conidg. brigade in 
Porto Rico; later brig, 
gen. 
dist. services, as subordi- 
nate comdr. in Porto 
Hico. 



CONFIRMATION OF LEONARD WOOD, 



89 



Name, rank, date of 
commission, and 
highest brevet rank. 



Service in the Army. 



In volunteers, with high- 
est brevet rank beyond 
lineal commission. 



In permanent establish- 
ment. 



Highest command. 



BRIGADIER-GENERALS 

— continued. 
Carr, Camillo C. C 



Bvt.Maj.,Feb.27, 
90. 



Barry, Thomas H 



It. col. a. a. g 22 June, ! 

accepted 25 June, 



pvt. , Corp. , .sgt. , and 

1 sgt. CO. F, and 

sgt. maj. 1 cav.l5 aug. 62 
to 11 nov. 63 

2 It.l cav 31 oct. 

accepted 12 nov. 

lit 28june,64 

capt 8 apr. 69 

maj. 8 cav 7 feb. 91 

It. col. 5 cav 16 oct. 98 

col. 4 cav 23 Jan. 1900 

brig, gen 

accepted 

cadet M. A 1 July, 73 

' It. 7 cav 15 June, 77 



vacated 10 jan. 1900trs. tol inf 31 aug. 



brig, gen 18 June, 

accepted 19 June, 

hon.dis 30 June. 1901 



1 It 11 mar. 82 

capt 25 feb. 91 

maj. a. a. g 29 jan. 97j 

accepted 6 feb. 

It. col. a. E.g.. 10 Jan. 1900; 

col. a. a. g 15 July, 1902 

br. gen 

accepted 



before the war, squadron 
cavalry. 

beginning of war, squad- 
ron cavalry. 

during war, regt. cavalry. 

later brig, gen.; distin- 
guished services. 



highest command before 
the war. 

company of inf. beginn- 
ing of war. 

none; staff oflicer during 
war, none; staff officer. 

distinguished services as 
staff officer. 



For the reasons stated; the undersigned joined with the committee 
recommending" confirmation. 
Respectfully submitted. 

J. B. FORAKER. 



O 



IRJL '07 



